Barber Asphalt Paving Co. v. City of St. Paul
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Wilbur E. Booth, Judge. Action by the Barber Asphalt Paving Company against the City of St. Paul, Minnesota. There was a judgment for defendant, and plaintiff brings error. Tins is a writ of error to reverse a judgment entered on the verdict of a jury in favor of the defendant iu error, defendant in the court below, by direction of the couit.
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In Error to the District Court of the United States for the District of Minnesota; Wilbur E. Booth, Judge. Action by the Barber Asphalt Paving Company against the City of St. Paul, Minnesota. There was a judgment for defendant, and plaintiff brings error. Tins is a writ of error to reverse a judgment entered on the verdict of a jury in favor of the defendant iu error, defendant in the court below, by direction of the couit. The only question involved is upon the construction of the contracts entered into between the plaintiff paving company, and the city of üt, Paul, hereafter referred to as…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). On behalf of the paving company, it is insisted that by reason of that provision of the contracts which reads, “if during the said term of ten years it shall be found that the pavement is defective from overburning or improper mixing, or any other preventable cause, or that the work has been done in an unskillful manner, the party of the first part hereto (the paving company) shall at its own proper cost and expense, upon the order of the commissioner of public works of the party of the second part (the city) entirely remove any such defective portion of…
2Cases cited11 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Chicago v. SheldonSupreme Court of the United States · 1870
- Topliff v. TopliffSupreme Court of the United States · 1887
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
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3Cited by11 opinions
- Sternberg v. Drainage Dist. No. 17 of Mississippi CountyCourt of Appeals for the Eighth Circuit · 1930
- Bunday v. HuntingtonCourt of Appeals for the Eighth Circuit · 1915
- Nelson v. Republic Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1917
- Wheeling Steel Corp. v. NeuCourt of Appeals for the Eighth Circuit · 1937
- Thronateeska Pecan Co. v. MatthewsCourt of Appeals for the Fifth Circuit · 1921
6 more not listed; retrieve them via the Exa API.