Holmes County v. Burton Const. Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Mississippi; Rufus E. Foster, Judge. Suit in Equity by the Burton Construction Company against Holmes County, Miss. From an order granting a preliminary injunction, defendant appeals.
1Opinion of the Court
KING, Circuit Judge.
Holmes county entered into a contrdct with Burton Construction Company and W. F. Allen to build certain public roads. Said contract called' for the giving of a bond for its faithful performance. The National Surety Company executed its bond guaranteeing such performance. The contract was partly performed. The Construction Company and Allen on December 24, 1917, brought suit against the county averring that they had. abandoned the contract because of certain breaches thereof by the county and seeking to recover damages, principally prospective profits.
Under certain…
2Cases cited27 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Moran v. SturgesSupreme Court of the United States · 1894
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Hunt v. New York Cotton ExchangeSupreme Court of the United States · 1907
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Thompson v. FitzgeraldSupreme Court of Pennsylvania · 1938
- Johnson v. New York, O. & W. Ry. Co.District Court, E.D. New York · 1931
- Barnett v. Baltimore & Ohio Rd.Ohio Court of Appeals · 1963
- Mottolese v. KaufmanCourt of Appeals for the Second Circuit · 1949
4 more not listed; retrieve them via the Exa API.