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CITY OF MANATEE, FLA. v. GEDNEY & SONS

No. 5730.

41 F.2d 516 (1930)

CITY OF MANATEE, FLA., v. GEDNEY & SONS, Inc.

Circuit Court of Appeals, Fifth Circuit.

June 18, 1930.

Attorney(s) appearing for the Case

Dewey A. Dye, of Bradenton, Fla., for appellant.

Geo. W. Wylie, of St. Petersburg, Fla., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.

BRYAN, Circuit Judge.

Appellee constructed a sewer system for the City of Manatee, Fla., under a contract which provided for the payment of upwards of $240,000. The city paid all the contract price except $4,000, and defended this suit brought by appellee to recover that amount on the ground that the work was not properly done, or that defective sewer pipe was used. In support of its defense the city proved that about a year after the contract was completed the main...

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