City of Cleveland v. Walsh Construction Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by the Walsh Construction Company against the City of Cleveland, in which the defendant City, as cross-plaintiff, had the National Surety Company made a party defendant. Judgment for the plaintiff (271 Fed. 701), and defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
The city of Cleveland asks the reversal of a judgment rendered against it in the court below for about $22,000, as the net balance of the counterclaims of the parties.
At the outset, we must observe the subject of our power to review. The Walsh Company (which we shall call plaintiff) sued to recover from the city what was said to be the unpaid balance owing under a contract for the construction of part of a water filtration plant; the city, by counterclaim, asked damages against the Walsh Company and its surety for nonperformance of the contract; the parties stipulated…
2Cases cited49 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- St. Louis v. RutzSupreme Court of the United States · 1891
- Hodges v. EastonSupreme Court of the United States · 1882
- Bond v. DustinSupreme Court of the United States · 1884
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
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3Cited by30 opinions
- Law v. United StatesSupreme Court of the United States · 1925
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Dayton Bronze Bearing Co. v. GilliganCourt of Appeals for the Sixth Circuit · 1922
- Socony-Vacuum Oil Co. v. Oil City Refiners, Inc.Court of Appeals for the Sixth Circuit · 1943
- Thompson-Starrett Co. v. La Belle Iron WorksCourt of Appeals for the Second Circuit · 1927
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