City of Akron v. Barker Asphalt Paving Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. In 1897 the city of Akron and the Barber Asphalt Paving Company entered into a contract whereby the latter agreed, under a certain guaranty for a period of 10 years from the date of opening to traffic, to improve Howard street between Main and Federal (formerly Tallmadge) streets of that city with stone curbing, and paving with genuine Trinidad pitch lake asphalt.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. In 1897 the city of Akron and the Barber Asphalt Paving Company entered into a contract whereby the latter agreed, under a certain guaranty for a period of 10 years from the date of opening to traffic, to improve Howard street between Main and Federal (formerly Tallmadge) streets of that city with stone curbing, and paving with genuine Trinidad pitch lake asphalt. There was at the time a double-track street railroad extending through the portion of Howard street so to be improved. Other tracks intersected…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). Generally stated, two questions are urged: One is, whether the city had power to make the contract; the other is, what defects the contract of guaranty was meant to embrace. The company presents the former, and the city the latter.
It is claimed by the paving company that the contract is void, because: First, it is ultra vires, for the reason that it is a contract embracing repairs at the expense of abutting lot owners through assessment, while at the date of the contract the only power possessed by the city to assess was for improvements. Second, the…
2Cases cited8 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- United States v. GleasonSupreme Court of the United States · 1900
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Shepard v. BarronSupreme Court of the United States · 1904
- The HarrimanSupreme Court of the United States · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barber Asphalt Paving Co. v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1915
- Port of Seattle v. Puget Sound Sheet Metal WorksWashington Supreme Court · 1923
- Barber Asphalt Paving Co. v. Northern Ohio Traction & Light Co.Court of Appeals for the Sixth Circuit · 1913
- Southern Paving Const. Co. v. City of KnoxvilleCourt of Appeals for the Sixth Circuit · 1917
- White Construction Co. v. Arkansas-Louisiana Highway Improvement DistrictSupreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.