Barber Asphalt Paving Co. v. Northern Ohio Traction & Light Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio; William L. Day, Judge. Suit by the Barber Asphalt Paving Company against the Northern Ohio Traction & Light Company. Decree for defendant, and plaintiff brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
In 1897 the city of Akron, hereafter called the city, entered into contract with plaintiff in error, hereafter called the Paving Company, for the improvement by the latter of a portion of Howard street in Akron, from curb to curb, with stone curbing and asphalt pavement, under a guaranty that the pavement should at all times during the period of 10 years be “in as perfect condition as the day it was laid,” and that at the end of the period the pavement should “show 75 per cent, of the original thickness called for in the contract.” There was at the time a double track…
2Cases cited2 opinions
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- City of Akron v. Barker Asphalt Paving Co.Court of Appeals for the Sixth Circuit · 1909
3Cited by4 opinions
- Pathe Exchange, Inc. v. Bray Pictures Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Sloat-Darragh Co. v. General Coal Co.Court of Appeals for the Sixth Circuit · 1921
- Meyer v. LevyDistrict Court of Appeal of Florida · 1964
- Atchison, T. & S. F. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1917