Legal Opinion

City of Forsyth v. Crellin

Court of Appeals for the Ninth Circuit

Decided February 2, 1914No. 2290PublishedCited by 1 opinion

In Error to the District'Court of the United States for the District of Montana; George M. Bourquin, Judge. Action by E. W. Crellin and others, copartners doing business under the name and style of the Des Moin.es Bridge & Iron Company, against the City of Forsyth. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

WOLVERTON, District Judge.

This is an action upon contract to recover a balance of consideration for constructing a certain waterworks system for the town (now city) of Forsyth, Mont. An itemized statement of the account for construction, showing the alleged balance due the contractors, was presented to the city council for its approval, and it is alleged by the complaint that said city council approved said account and audited the same. The answer shows that the account was approved, but with certain deductions, leaving a balance due the contractor in a less sum .than plaintiffs claim. The…

2Cases cited3 opinions

  1. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1904
  2. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1902
  3. Palmer v. City of HelenaMontana Supreme Court · 1910

3Cited by1 opinion

  1. American-La France Fire Engine Co. v. City of AstoriaDistrict Court, D. Oregon · 1914

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