Frazier-Davis Const. Co., Inc. v. City of Birmingham

KENNAMER, District Judge.

Appellant sought in the court below, by declaratory judgment, its right to recover from the State of Alabama the sum of $17,549.10. Tried by the court without a jury, judgment was for the defendants.

Appellant and the State of Alabama entered into a written contract on July 15, 1948, for the demolition of an old Viaduct and the construction of a new one in its place in the City of Birmingham, Alabama.

Item 205(h) of the contract provided for the payment to appellant of the sum of $17,549.10 for removal of certain street railway tracks owned by Birmingham Electric…