Miller v. Hamilton
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Action at law by J. F. Hamilton and others against Max D. Miller and others, constituting the Sewer Commissioners of District No. 1 of Marianna, Ark. Judgment for plaintiffs, and defendants bring error.
1Opinion of the Court
SMITH, Circuit Judge.'
A suit was brought by the members of the copartnership of Hamilton Brothers’ Company against the Sewer Commissioners of District No. 1, of Marianna, Ark., upon a written contract. There was a cross-complaint for liquidated damages. The case resulted in a verdict and judgment for the plaintiffs, both upon the complaint and cross-complaint, and the defendants sued out this writ of error.
■ The material portions of the contract in question are as follows:
“That for and in consideration the payments hereinafter stated the party of the second part (Hamilton Brothers Co.) agrees…
2Cases cited5 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Excelsior Needle Co. v. Morse-Keefer Cycle-Supply Co.Court of Appeals for the Second Circuit · 1900
- Nick Peay Construction Co. v. MillerSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Curry v. Union Electric Welding Co.Court of Appeals for the Sixth Circuit · 1916
- H. P. Cummings Const. Co. v. Marbleloid Co.Court of Appeals for the Third Circuit · 1931
- Johnson v. Grand FraternityCourt of Appeals for the Eighth Circuit · 1919
- Independence Indemnity Co. v. Central Farmers' Trust Co.Court of Appeals for the Third Circuit · 1931