ACE CONSTRUCTION COMPANY v. W. H. NICHOLS & COMPANY

No. 7932.

353 F.2d 110 (1965)

ACE CONSTRUCTION COMPANY, Appellant, v. W. H. NICHOLS & COMPANY, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

November 30, 1965.


Attorney(s) appearing for the Case

Herbert A. Marshall, Topeka, Kan. (Doral H. Hawks, E. Gene McKinney, Wayne E. Hundley, Allen Meyers, Topeka, Kan., on brief), for appellant.

Charles S. Fisher, Jr., Topeka, Kan. (O. B. Eidson, Philip H. Lewis, James W. Porter, William G. Haynes, Peter F. Caldwell, Roscoe E. Long, R. Austin Nothern, Brock R. Snyder, Topeka, Kan., on brief), for appellee.

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


MURRAH, Chief Judge.

Appellee, a subcontractor, sued and recovered a jury trial judgment against his prime contractor on the theory that the prime contractor made the performance of the subcontract "substantially impossible", thereby justifying abandonment and compensatory damages, including expenses.

The appellant, Ace Construction Company, contracted with the government through its Corps of Engineers for the relocation of a segment of a railroad in Kansas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases