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CITY OF LIMA, OHIO v. FARLEY

No. 4253.

7 F.2d 40 (1925)

CITY OF LIMA, OHIO, v. FARLEY.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1925.

Attorney(s) appearing for the Case

Paul T. Landis and J. J. Weadock, both of Lima, Ohio, for plaintiff in error.

J. Henry Goeke, of Lima, Ohio (Wheeler & Bentley, of Lima, Ohio, on the brief) for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

John W. Farley entered into a contract with the city of Lima, Ohio, on October 28, 1919, by which he agreed to construct a sewer about 3 miles in length, varying in size from 84 inches at the beginning to a much smaller dimension at the end, for $528,000. He completed the work in the early part of 1922, and shortly thereafter brought this action in damages for breach of an implied warranty arising from false representations as to borings made...

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