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FIRE PROTECTION CO. v. HAWKEYE TIRE & RUBBER CO.

No. 6773.

8 F.2d 810 (1925)

FIRE PROTECTION CO. v. HAWKEYE TIRE & RUBBER CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 9, 1926.

Attorney(s) appearing for the Case

O. C. Herminghausen, of Ft. Madison, Iowa, and John J. Seerley, of Burlington, Iowa (Herminghausen & Herminghausen, of Ft. Madison, Iowa, and Seerley & Clark, of Burlington, Iowa, on the brief), for appellant.

C. D. Waterman, of Davenport, Iowa (Joe R. Lane and Lane & Waterman, all of Davenport, Iowa, on the brief), for appellees.

Before SANBORN and KENYON, Circuit Judges, and SCOTT, District Judge.

SANBORN, Circuit Judge.

About February 20, 1918, the Fire Protection Company, a corporation, under its former name, the Kellogg-Mackay Equipment Company, made a written contract with the Perfection Tire & Rubber Company to furnish and erect a system of automatic sprinklers in the tire company's factory and manufacturing plant at Ft. Madison, Iowa, for $19,726, to be paid at times specified on or before October 15, 1918. The protection company furnished

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