Montrose Contracting Co. v. Westchester County

MANTON, Circuit Judge.

This appeal is from a judgment entered on a jury’s verdict for appellee. The cause was here before and we reversed a judgment for the appellant entered on a directed verdict and ordered a new trial, 2 Cir., 80 F.2d 841, certiorari denied, 298 U.S. 662, 56 S.Ct. 746, 80 L.Ed. 1387.

The theory of appellant’s liability, which we held should be retried, was that it had breached its contract with appellee, who agreed to construct a sewer in a tunnel beneath the streets of the city of Yonkers, Westchester county. The contract- or’s claim is that the appellant represented that…