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ROSE BROTHERS, INC. v. CITY OF ALVA

No. 38812.

356 P.2d 1083 (1960)

ROSE BROTHERS, INC., a corporation, Plaintiff in Error, v. CITY OF ALVA, a municipal corporation, Defendant in Error.

Supreme Court of Oklahoma.

November 9, 1960.

Attorney(s) appearing for the Case

John B. Doolin, Alva, for plaintiff in error.

Richard R. Downer, Herbert D. Smith, Alva, for defendant in error.

JACKSON, Justice.

In this action, plaintiff, Rose Brothers, Inc. seeks to recover the cost of 144,962.5 gallons of oil used in the construction of a street improvement in the city of Alva by plaintiff and a subcontractor in excess of the amount specified in a written contract with the defendant city. Subsequent to the award of the contract to plaintiff, it assigned and subcontracted the laying of the soil-asphalt base to...

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