National Contracting Co. v. Sewerage & Water Board of New Orleans
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern . District of Eouisiana. This action was begun in the civil district court for the parish of Orleans, by the Drainage Commission of New Orleans against the National Contracting Company of New York and the Fidelity & Deposit Company of Maryland, and was removed by the defendants into the United States Circuit Court for the Eastern District of Louisiana.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern . District of Eouisiana. This action was begun in the civil district court for the parish of Orleans, by the Drainage Commission of New Orleans against the National Contracting Company of New York and the Fidelity & Deposit Company of Maryland, and was removed by the defendants into the United States Circuit Court for the Eastern District of Louisiana. The averments of the petition may be summarized as follows: That the council of the city of New Orleans in 1896 approved certain plans and specifications for the drainage of the…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts). The basis of this action is a contract to construct certain foundations, covered canals, and sewers, of -brick, mortar, concrete, steel, and stone; the contractor to furnish the materials and perform the work, and to be paid therefor certain prices (not given in the pleadings) per cubic yard of brickwork or concrete, varying with the cement used, and all in accordance with certain specifications. According to the specifications, certain portions of the brickwork and of the concrete were to be laid in imported Portland cement. Though the fact is…
2Cases cited9 opinions
- McElrath v. United StatesSupreme Court of the United States · 1880
- United States v. BarlowSupreme Court of the United States · 1889
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Barnes v. District of ColumbiaUnited States Court of Claims · 1887
- McKee v. United StatesUnited States Court of Claims · 1876
4 more not listed; retrieve them via the Exa API.