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LYNCHBURG FOUNDRY CO. v. CITY OF PIKEVILLE

246 S.W.2d 594 (1952)

LYNCHBURG FOUNDRY CO. v. CITY OF PIKEVILLE.

Court of Appeals of Kentucky.

February 22, 1952.

Attorney(s) appearing for the Case

Francis M. Burke, O. T. Hinton, Pikeville, for appellant.

Wine & Venters, E. N. Venters, all of Pikeville, for appellee.

SIMS, Justice.

The Lynchburg Foundry Company sued the City of Pikeville for $117,643.44 alleged to be due it as the contract price of certain pipe, fittings and accessories it sold and delivered to the city for the improvement of the municipal water and gas systems. The answer denied the city entered into a contract for the purchase of this material, and averred it was not claiming same. An order was entered directing a return of the material to the company, which...

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