Barber Asphalt Paving Co. v. City of Denver
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. The Barber Asphalt Paving Company (a corporation, and the plaintiff in error) brought an action in the court below against the defendant in error, the city of Denver, a municipal corporation, to recover a balance which it alleged that the city owed it for the performance of four contracts that It had made'with the city to grade and pave with sheet asphalt portions of four of its streets.
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In Error to the Circuit Court of the United States for the District of Colorado. The Barber Asphalt Paving Company (a corporation, and the plaintiff in error) brought an action in the court below against the defendant in error, the city of Denver, a municipal corporation, to recover a balance which it alleged that the city owed it for the performance of four contracts that It had made'with the city to grade and pave with sheet asphalt portions of four of its streets. The complaint set forth four separate causes of action, — one upon each of the contracts. The statement of each cause of action…
1Opinion of the CourtSanborn, Circuit Judge
One who induces a contractor to perform labor or furnish materials by the promise that a third person, who, he claims, owes him a debt or duty, shall pay to the contractor the agreed price of the labor and materials he furnishes, cannot enjoy the fruits of the contract, and leave the contractor remediless, either because •his debtor does not pay, or because the debt or duty did not exist. In either event he becomes primarily liable to pay the contract price himself. White v. Snell, 5 Pick. 425; City of Chicago v. People, 56 Ill. 327, 333; Bucroft v. City of Council Bluffs, 63 Iowa, 646, 650,…
2Cases cited27 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- City of Lincoln v. Sun Vapor Street-Light Co.Court of Appeals for the Eighth Circuit · 1894
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
22 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
32 more not listed; retrieve them via the Exa API.