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PITT CONST. CO. v. CITY OF ALLIANCE, OHIO

No. 4098.

12 F.2d 28 (1926)

PITT CONST. CO. v. CITY OF ALLIANCE, OHIO.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1926.

Attorney(s) appearing for the Case

H. C. Koehler, of Alliance, Ohio, and W. B. Turner, of Dayton, Ohio (E. H. & W. B. Turner, of Dayton, Ohio, and Hart & Koehler, of Alliance, Ohio, on the brief), for plaintiff in error.

Luther Day, of Cleveland, Ohio (F. C. Hunter and Curtis M. Shetler, both of Alliance, Ohio, and Day & Day, of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge (after stating the facts as above).

1. We see no escape from the conclusion that 328.4 is an express representation to the contractor that the proposed structure would be located with reference to the existing ground surface as shown in the cross sections thereon. The facts that this surface indication was not expressly so named every time it appeared, and that the actual distances from it up and down to the top and bottom of the new structure...

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