Legal Opinion

Imperial Paving Company, a Co-Partnership Composed of H. A. Hudkins and John W. Kelly v. Horn's Crane Service Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided April 18, 1963No. 7087PublishedCited by 5 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

This dispute arose out of a highway construction job. Appellant-defendant, Imperial Paving Company (Imperial), had a prime contract with the State of Colorado and gave an oral subcontract to appellee-plaintiff, Horn’s Crane Sex-vice Company (Horn), for crushed rock. The subcontract was terminated by mutual consent. Later, Imperial obtained certain equipment from Horn to finish the job. Horn sued, claiming nonpayment of the amount due under a settlement of the subcontract and nonpayment, for equipment rental and transportation-imperial counterclaimed, asserting…

2Cases cited2 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. J. Walter Lindsey, and Jay W. Lindsey, Co-Partners D/B/A Lindsey Lumber & Supplies v. Oregon-Washington Plywood Company, a CorporationCourt of Appeals for the Tenth Circuit · 1961

3Cited by5 opinions

  1. Tom W. Carpenter Equipment Company, Inc., a Texas Corporation v. General Electric Credit Corporation, a New York CorporationCourt of Appeals for the Tenth Circuit · 1969
  2. National Metals Co. v. SapirCourt of Appeals for the Tenth Circuit · 1967
  3. State Farm Mutual Automobile Insurance Company v. Fred F. Lehman, Administrator of the Estate of Milton E. Lehman, Deceased, State Farm Mutual Automobile Insurance Company v. Walter C. Wright, Administrator of the Estate of Donald Dean Wright, Deceased, as Revived in the Name of Margaret Wright, Administratrix De Bonis Non of the Estate of Donald Dean Wright, DeceasedCourt of Appeals for the Tenth Circuit · 1964
  4. State Farm Mutual Automobile Insurance v. LehmanCourt of Appeals for the Tenth Circuit · 1964
  5. National Metals Company, a Corporation v. Ben Sapir and Celia Sapir, His Wife, Material Processors Co., Inc. (Nsl), a Corporation v. Ben Sapir and Celia Sapir, His WifeCourt of Appeals for the Tenth Circuit · 1967

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