Drainage Commission v. National Contracting Co.
U.S. Circuit Court for the District of Eastern Louisiana
On Motion for New Trial. This was an action at law brought by the drainage commission of New Orleans against the National Contracting Company of New York, and its surety, the Fidelity & Deposit Company of Maryland, in solido, to recover $60,000 alleged to have been overpaid by the plaintiff to the National Contracting Company on certain contracts for drainage work, the sum claimed being the difference in cost between certain Portland cement which the contractors were…
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On Motion for New Trial. This was an action at law brought by the drainage commission of New Orleans against the National Contracting Company of New York, and its surety, the Fidelity & Deposit Company of Maryland, in solido, to recover $60,000 alleged to have been overpaid by the plaintiff to the National Contracting Company on certain contracts for drainage work, the sum claimed being the difference in cost between certain Portland cement which the contractors were required to furnish and certain cheaper American Steel cement substituted by the contractors with the consent of the engineer,…
1Opinion of the CourtPareange, District Judge
(after stating the facts). Because of the public importance of the questions involved in this cause, I have reviewed again very carefully all the matters of law and fact which it presents.
*782It is obvious to me that this action lies under the plain textual provisions of the Louisiana Civil Code, “Of the Payment of a Thing Not Due,” article 2301 (2279) to article 2314 (2292). Article 2301 (2279) provides that “he who receives what is not due to him, whether he receives it through error or knowingly, obliges himself to restore it to him from whom he has unduly received it.” Article 2302 (2280)…
2Cases cited18 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- United States v. BeebeSupreme Court of the United States · 1901
- California Bank v. KennedySupreme Court of the United States · 1897
- Reynes v. DumontSupreme Court of the United States · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Parman ex rel. Parman v. LemmonSupreme Court of Kansas · 1925
- O'Connor v. Bankers Trust Co.New York Supreme Court · 1936
- Arkansas Fuel Oil Co. v. WilliamsLouisiana Court of Appeal · 1938
- Thomas v. StateCourt of Criminal Appeals of Texas · 1935