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PETERSEN v. WELLSVILLE CITY

No. 7073.

14 F.2d 38 (1926)

PETERSEN et al. v. WELLSVILLE CITY.

Circuit Court of Appeals, Eighth Circuit.

July 6, 1926.

Attorney(s) appearing for the Case

Thomas Marioneaux, R. J. Hogan, Clarence M. Beck, E. A. Walton, T. D. Walton, and W. M. Nelson, all of Salt Lake City, Utah, for plaintiffs in error.

Barnard J. Stewart, Daniel Alexander, and Jesse R. S. Budge, all of Salt Lake City, Utah, for defendant in error.

Before LEWIS, Circuit Judge, and MUNGER, District Judge.

MUNGER, District Judge.

The plaintiffs in error, E. J. Petersen and R. S. Petersen, entered into a written contract on July 28, 1920, with the defendant in error, Wellsville City, Utah, hereafter called city, to build for the city a large amount of concrete sidewalk, and to do the grading and other incidental work necessary to complete the contract, for an agreed price of $41,642.17. They brought this suit against the city to recover damages, alleging that the city...

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