Mack v. Degraff & Roberts Quarries
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga county. The plaintiff in error brought in the court of common pleas of Cuyahoga county, against the city of Cleveland, an action to recover a sum of money claimed to be due, on account of a paving contract, entered into between the city and J. L. Sterling & Son, the plaintiff’s action being founded on an assignment and transfer, from J. L. Sterling & Son to “The John Porter Company” and by that company to the plaintiff.
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Error to the Circuit Court of Cuyahoga county. The plaintiff in error brought in the court of common pleas of Cuyahoga county, against the city of Cleveland, an action to recover a sum of money claimed to be due, on account of a paving contract, entered into between the city and J. L. Sterling & Son, the plaintiff’s action being founded on an assignment and transfer, from J. L. Sterling & Son to “The John Porter Company” and by that company to the plaintiff. The plaintiff recovered a judgment in the court of common pleas, which the cirquit court reversed, whereupon the cause was brought to…
1Opinion of the CourtBradbury, J.
In the year 1893, J. L. Sterling & Son entered into a contract with the city of Cleveland, for paving Kinsman street in said city. Prom time to time, as the work progressed, estimates were made of the amount of work done, and of the sums payable to the contractors on account thereof. About the fifth day of July, 1893, an estimate was made, designated as the third, amounting to $2,437.43. Before this estimate was made, the contractors assigned and transferred to “The John *476Porter Company” $3,000.00 of it. This sum . was larger than proved to have been earned when, after-wards, the assessment…
2Cases cited9 opinions
- Bank of the United States v. DonnallySupreme Court of the United States · 1834
- Fagan & Osgood v. Boyle Ice Machine Co.Texas Supreme Court · 1886
- Gaty v. CaseyIllinois Supreme Court · 1853
- John S. Hanes & Co. v. WadeyMichigan Supreme Court · 1889
- St. Louis Bridge & Construction Co. v. Memphis, Carthage & Northwestern RailroadSupreme Court of Missouri · 1880
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