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F. J. LEWIS MFG. CO. v. SNYDER

No. 5281.

37 F.2d 299 (1930)

F. J. LEWIS MFG. CO. v. SNYDER.

Circuit Court of Appeals, Sixth Circuit.

January 20, 1930.

Attorney(s) appearing for the Case

Frank K. Bowman, of Cincinnati, Ohio (Matthews & Matthews, of Cincinnati, Ohio, on the brief), for appellant.

William R. Collins, of Cincinnati, Ohio, for appellee.

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

MOORMAN, Circuit Judge.

Appellee contracted with the board of county commissioners of Hamilton county, Ohio, to construct and improve a portion of Harrison Pike in that county. He made a contract with the appellant to furnish the coal tar binder and apply it to the improvement. The county engineer refused to permit appellee to use appellant's tar, and appellee then procured other tar and had it applied, and sued appellant for the additional expense of so doing. The...

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