Robert Grace Contracting Co. v. Chesapeake & O. N. Ry. Co.
Court of Appeals for the Sixth Circuit
In. Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action at law by the Robert Grace Contracting Company against the Chesapeake & Ohio Northern Railway Company. Judgment of dismissal, and plaintiff brings error.
1Opinion of the Court
DENISON, Circuit Judge.
Plaintiff in error, being engaged in the business of excavating and grading, entered into a construction contract with the defendant in error for the grading of about nine miles of new railroad. Eventually the work was finished and accepted, and the amount admitted to be due was paid. The contractor brought this action in the court below, seeking to recover the damages caused by three alleged breaches of the contract. The first was for failure to furnish the contractor with the place to do the work as agreed; the second, that the contractor was required to use…
2Cases cited2 opinions
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Memphis Trust Co. v. Brown-Ketchum Iron WorksCourt of Appeals for the Sixth Circuit · 1909
3Cited by7 opinions
- Gillioz v. State Highway CommissionSupreme Court of Missouri · 1941
- McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
- Atlantic Fruit Co. v. Red Cross LineCourt of Appeals for the Second Circuit · 1924
- Spitcaufsky v. State Highway CommissionSupreme Court of Missouri · 1941
- Pitt Const. Co. v. City of Alliance, OhioCourt of Appeals for the Sixth Circuit · 1926
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