Mosby v. United States ex rel. Printy & Jones
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by the United States, for the use of Printy & Jones, against W. L. Mosby and others. Judgment for plaintiff, and defendants bring error.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by the United States, for the use of Printy & Jones, against W. L. Mosby and others. Judgment for plaintiff, and defendants bring error. Mosby took from the United States a contract for doing certain levee work on the Mississippi river, and Bruce and Cummings became his sureties on his •statutory bond that he would pay all sums for which he became indebted for labor or materials on the job. The contract called for an estimated 175,000 cubic yards of filling at a price of 22 cents per yard, and…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The record indicates no reason for not giving full effect according to *349its terms to the settlement agreement of December 14, 1908. A dispute had arisen. Mosby and his sureties, on the one side, and Printy & Jones on the other, undertook to make a settlement of the dispute. Many different items were recited and disposed of, and there was ample consideration.
[2] The items for per diem of teams and freight upon outfit amounted to $2,924. About half accrued, if ever, as debts from Printy & Jones to Mosby, in September. On December 14th, the remainder, for…
2Cited by6 opinions
- Chesbrough v. WoodworthCourt of Appeals for the Sixth Circuit · 1912
- Fleming v. TwineDistrict of Columbia Court of Appeals · 1948
- B. F. Sturtevant Co. v. Champion Fibre Co.Court of Appeals for the Sixth Circuit · 1916
- Seebach v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- Brooks v. WardSupreme Court of Alabama · 1971
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