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IMPERIAL PAVING COMPANY v. HORN'S CRANE SERVICE COMPANY

No. 7087.

316 F.2d 28 (1963)

IMPERIAL PAVING COMPANY, a co-partnership composed of H. A. Hudkins and John W. Kelly, Appellant, v. HORN'S CRANE SERVICE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

April 18, 1963.

Attorney(s) appearing for the Case

Leon Shipp, Oklahoma City, Okl., for appellant.

Clyde J. Watts, of Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This dispute arose out of a highway construction job. Appellant-defendant, Imperial Paving Company (Imperial), had a prime contract with the State of Colorado and gave an oral subcontract to appellee-plaintiff, Horn's Crane Service Company (Horn), for crushed rock. The subcontract was terminated by mutual consent. Later, Imperial obtained certain equipment from Horn to finish the job. Horn sued, claiming nonpayment of the amount due under...

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