Cities Service Gas Co. v. Kelly-Dempsey & Co.

PHILLIPS, Circuit Judge.

Cities Service Gas Company, hereinafter referred to as the Gas Company, brought this action against Kelly-Dempsey & Company, Inc., hereinafter referred to as the Construction Company, for alleged breach of a written contract.

For the purpose of settling an existing controversy and an action pending in the United States District Court for the Northern District of Oklahoma, on November 14, 1931, the Gas Company and the Construction Company entered into a written contract on which the instant case is predicated. After reciting, the existence of the controversy, the…