CITY OF ORLANDO v. MURPHY

No. 8048.

84 F.2d 531 (1936)

CITY OF ORLANDO v. MURPHY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1936.


Attorney(s) appearing for the Case

George P. Garrett, W. H. Poe, W. L. Tilden, and Merton S. Horrell, all of Orlando, Fla., for appellant.

J. Thomas Gurney, of Orlando, Fla., and Thos. B. Adams and Louis Kurz, both of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This was a suit for damages in the sum of $800,000 resulting, as alleged, from the breach of a contract with reference to an extensive paving program contemplated for certain streets in the city of Orlando, Fla. It was filed against the city by the appellee, as assignee of the contractors. The declaration was in nine counts. After a demurrer based on twenty-seven grounds was overruled, pleas were filed in sets; the first consisting of thirty...

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