KENTUCKY ROCK ASPHALT CO. v. FIDELITY & CASUALTY CO.

No. 5287.

37 F.2d 279 (1930)

KENTUCKY ROCK ASPHALT CO. v. FIDELITY & CASUALTY CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

January 18, 1930.


Attorney(s) appearing for the Case

Joseph S. Laurent, Robert G. Gordon and Squire R. Ogden, all of Louisville, Ky., for appellant.

Fred Forcht and Ben F. Washer, both of Louisville, Ky., for appellee.

Before MOORMAN and HICKS, Circuit Judges, and KILLITS, District Judge.


HICKS, Circuit Judge.

Appeal from an order sustaining a demurrer to plaintiff's second amended petition and dismissing the suit. So far as is relevant here, the amended petition avers that the Sutton Construction Company, hereinafter called Construction Company, contracted with the city of Louisa, Ky., for paving certain streets with asphalt. The pertinent provisions of the contract are as follows:

"The party of the second part further agrees that it will...

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