Legal Opinion

Roswell Drainage Dist. v. Dickey

Court of Appeals for the Eighth Circuit

Decided August 1, 1923No. 6190PublishedCited by 6 opinions

Appeal from the District Court of the United States for the District of New Mexico; Colin Neblett, Judge. Suit in equity by Walter S. Dickey against the Roswell Drainage District and others. Decree for complainant, and defendants appeal.

1Opinion of the Court

FARIS, District Judge.

Appellee Walter S. Dickey (impleaded for the purpose of a counterclaim filed by appellants', with his surety, Maryland Casualty Company), who was the plaintiff below, brought this action in equity to cancel a contract made by him with appellant Roswell drainage district, and for an accounting, and to recover, on a quantum meruit, money alleged to be due said appellee for work and materials done and furnished by him, pursuant to such contract and before an alleged breach thereof by the drainage district.

[1] In limine, appellees move to dismiss this appeal, for that, as…

2Cases cited4 opinions

  1. Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
  2. Thallmann v. ThomasCourt of Appeals for the Eighth Circuit · 1901
  3. Brookheim v. GreenbaumCourt of Appeals for the Second Circuit · 1915
  4. United States v. MarshallCourt of Appeals for the Eighth Circuit · 1914

3Cited by6 opinions

  1. Allsop Lumber Co. v. Continental Casualty Co.New Mexico Supreme Court · 1963
  2. Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
  3. Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
  4. Savage v. ShieldsCourt of Appeals for the Eighth Circuit · 1923
  5. United States v. BucherCourt of Appeals for the Eighth Circuit · 1926

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