City of Hutchinson v. Kansas Bitulithic Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Action by the City of Hutchinson against the Kansas Bitulithic Company and another. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
AMIDON, District Judge.
July 3, 1905, the city of Plutchinson, Kan., entered into a contract with the Kansas Bitulithic Company for the paving of five blocks of its Main street. The United States Fidelity & Guaranty Company became surety upon a bond for the faithful performance of this contract. The work was completed and accepted by the city in January, 1906. The present action was brought against the Paving Company and the Surety Company in February, 1910, to recover $26,000 damages for a breach of the bond through failure to perform the contract. The court directed a verdict for defendants,…
2Cases cited4 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
- Cable v. United States Life InsuranceSupreme Court of the United States · 1903
- Riggs v. Union Life Ins.Court of Appeals for the Eighth Circuit · 1904
3Cited by1 opinion
- Town of Tonawanda v. Stapell, Mumm & Beals Corp.New York Supreme Court · 1933