City of Del Rio v. Ulen Contracting Corporation

STRUM, District Judge.

Appellant city contracted with Ulen Contracting Corporation for the latter to install extensions to the city’s waterworks system. Ignoring the contract, the city performed the work itself, although the company was ready, willing, and able to perform. For the prospective profits thus lost to it, the company recovered judgment below, from which this appeal is taken.

Appellant first complains of the District Court’s action in striking from appellant’s answer, without leave to amend, paragraph 2, which alleges in effect that the contract sued on is unenforceable because the…