Cotey v. County of Greenlee
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Greenlee. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT. This action was commenced by the appellant to recover on a road construction contract entered into between plaintiff and defendant county on the sixth day of April, 1914. On the original trial the plaintiff had judgment, and defendant county appealed to this court.
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APPEAL from a judgment of the Superior Court of the county of Greenlee. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT. This action was commenced by the appellant to recover on a road construction contract entered into between plaintiff and defendant county on the sixth day of April, 1914. On the original trial the plaintiff had judgment, and defendant county appealed to this court. A hearing on said appeal resulted in a decision reversing said judgment and remanding said cause, with instructions to the lower court to sustain the general demurrer of defendant, and with the suggestion…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above). The plaintiff, in his so-called second count, does not refer to the special contract under the terms of which he was acting while constructing the Metcalf road. The exhibit annexed to and made a part of said pleading purports, on its face, to claim the benefits of the contract, both as to the contract price, the extra work done pursuant to the terms of the contract, and the unearned profits on the work “not completed because of rescission of contract by said county by refusal to make payments required.” The statement presented amounts to nothing unless it…
2Cases cited1 opinion
- Greenlee County v. CoteyArizona Supreme Court · 1916
3Cited by2 opinions
- Spitalny v. Tanner Const. Co.Arizona Supreme Court · 1953
- Zimmerman v. Western Builders & Salvage Co.Arizona Supreme Court · 1931