Legal Opinion

Miller v. Hamilton

Court of Appeals for the Eighth Circuit

Decided July 13, 1914No. 3985PublishedCited by 4 opinions

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

  1. Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
  2. Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
  3. Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
  4. Excelsior Needle Co. v. Morse-Keefer Cycle-Supply Co.Court of Appeals for the Second Circuit · 1900
  5. Nick Peay Construction Co. v. MillerSupreme Court of Arkansas · 1911

3Cited by4 opinions

  1. Curry v. Union Electric Welding Co.Court of Appeals for the Sixth Circuit · 1916
  2. H. P. Cummings Const. Co. v. Marbleloid Co.Court of Appeals for the Third Circuit · 1931
  3. Johnson v. Grand FraternityCourt of Appeals for the Eighth Circuit · 1919
  4. Independence Indemnity Co. v. Central Farmers' Trust Co.Court of Appeals for the Third Circuit · 1931

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