City of Charlotte v. Atlantic Bitulithic Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Salisbury; James E. Boyd, Judge. Action by the Atlantic Bitulithic Company against the City of Charlotte. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
[1] The plaintiff in error, defendant below, seeks reversal of a judgment, entered upon the verdict of a jury, in this suit of the Atlantic Bitulithic Company to recover the balance alleged to be due upon a contract for street paving; and such of the errors assigned as appear to merit discussion will be briefly considered. The first of these is a question of evidence which arises in connection with the following provision of the contract:
“Within thirty days alter the final completion and acceptance of the work by the engineer and executive board, as evidenced by the final…
2Cases cited19 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Dermott v. JonesSupreme Court of the United States · 1865
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Webster v. CooperSupreme Court of the United States · 1853
- Sheppard v. GravesSupreme Court of the United States · 1853
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3Cited by2 opinions
- Chesapeake & O. Ry. Co. v. HareCourt of Appeals for the Fourth Circuit · 1922
- Duncan v. PearsonCourt of Appeals for the Fourth Circuit · 1943