City of Elizabeth v. Fitzgerald
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the District of New'Jersey.
1Opinion of the Court
DALLAS, Circuit Judge.
Michael Fitzgerald, the defendant in error, brought an action against the city of Elizabeth, the plaintiff in error, to recover for work done by him under a contract for paving one of the streets of that city. It was defended upon the ground that the work had not been done in accordance with the contract, nor certified, approved and accepted in conformity with its terms; and upon its appearing that a portion of it did not literally and exactly conform to the specifications, and that the certificates, approval and acceptance referred to had in fact been withheld,' the…
2Cases cited6 opinions
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897
- Mitchell v. DoughertyCourt of Appeals for the Third Circuit · 1898
- Welch v. Hubschmitt Building & Woodworking Co.Supreme Court of New Jersey · 1897
- Desmond-Dunne Co. v. . Friedman-Doscher Co.New York Court of Appeals · 1900
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3Cited by14 opinions
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- Theatre Realty Co. v. Aronberg-Fried Co.Court of Appeals for the Eighth Circuit · 1936
- George A. Fuller Co. v. B. P. Young Co.Court of Appeals for the Third Circuit · 1903
- Nollenberger v. United Air Lines, Inc.District Court, S.D. California · 1963
9 more not listed; retrieve them via the Exa API.