CITY OF LEXINGTON v. PRATT

No. 2755.

31 F.2d 820 (1929)

CITY OF LEXINGTON et al. v. PRATT.

Circuit Court of Appeals, Fourth Circuit.

April 9, 1929.


Attorney(s) appearing for the Case

George Bell Timmerman, of Lexington, S. C. (Timmerman & Graham, of Lexington, S. C., on the brief), for appellants.

W. M. Shand, of Columbia, S. C. (Benet, Shand & McGowan, of Columbia, S. C., on the brief), for appellee.

Before PARKER, Circuit Judge, and McDOWELL and MEEKINS, District Judges.


PARKER, Circuit Judge.

This was an action instituted by W. O. Pratt against the city of Lexington, S. C., to recover the balance due under a contract for the construction of a water purification plant. The complaint alleged the execution of the contract, the performance of the work, and the issuance of a certificate of completion by the engineer of the city. The answer alleged that the work had not been completed and that there were certain defects therein which it...

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