CITY OF ALBANY v. LEFTWICH

No. 5082.

24 F.2d 297 (1928)

CITY OF ALBANY v. LEFTWICH.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1928.


Attorney(s) appearing for the Case

A. J. Harris and W. W. Callahan, both of Decatur, Ala., for plaintiff in error.

E. W. Godbey, of Decatur, Ala., and Giles L. Evans, of Nashville, Tenn. (Tennis Tidwell, of Decatur, Ala., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

In October, 1925, the plaintiff below sued the city of Albany, Alabama, to recover for paving work done on streets of that city. The defendant's pleas included the general issue and the statute of limitations of three years. Paving work was done by plaintiff under an instrument which purported to be a contract between him and the defendant, and that work was stopped when that contract was adjudged to be invalid. Under the terms of that instrument...

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