Arkansas Bridge Co. v. Kelly-Atkinson Const. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action by the Kelly-Atkinson Construction Company against the Arkansas Bridge Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
STONE, Circuit Judge.
This is an action for breach of contract. Two items of damage are claimed in the petition, namely, $3,087.69 for a balance of the contract price due and $13,623.01 for losses caused through delay occasioned by defendant in failing to deliver material in “consecutive order for erection.” While the answer denied any liability, defendant conceded, during trial, its liability upon the claim for balance of contract price to the amount of $1,376.24. Jury was waived. The court found for plaintiff as to both items, and allowed recovery for $9,499. Defendant has sued out its writ…
2Cited by18 opinions
- Feinberg v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Shepler v. Crucible Fuel Co.Court of Appeals for the Third Circuit · 1944
- Mansfield v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- Hector v. MartinWashington Supreme Court · 1958
- Anthony P. Miller, Inc. v. Wilmington Housing AuthorityDistrict Court, D. Delaware · 1958
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