Lynchburg Foundry Co. v. City of Pikeville

SIMS, Justice.

The Lynchburg Foundry Company sued the City of Pikeville for $117,643.44 alleged to be due it as the contract price of certain pipe, fittings and accessories it sold and delivered to the city for the improvement of the municipal water and gas systems. The answer denied the city entered into a contract for the purchase of this material, and averred it was not claiming same. An order was entered directing a return of the material to the company, which sold it at a loss of $60,497.21 after recovering same, and in an amended petition sought to recover this sum from the city by…