CITY OF DEL RIO v. ULEN CONTRACTING CORPORATION

No. 8300.

94 F.2d 701 (1938)

CITY OF DEL RIO v. ULEN CONTRACTING CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

February 8, 1938.


Attorney(s) appearing for the Case

Will A. Morriss and Will A. Morriss, Jr., both of San Antonio, Tex., and Grady Lowrey, of Del Rio, Tex., for appellant.

J. C. Hall and A. V. Knight, both of San Antonio, Tex., for appellee.

Before FOSTER and HUTCHESON, Circuit Judges, and STRUM, District Judge.


STRUM, District Judge.

Appellant city contracted with Ulen Contracting Corporation for the latter to install extensions to the city's waterworks system. Ignoring the contract, the city performed the work itself, although the company was ready, willing, and able to perform. For the prospective profits thus lost to it, the company recovered judgment below, from which this appeal is taken.

Appellant first complains of the District Court's action in striking from...

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