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LEE TURZILLO CONTRACTING CO. v. FRANK MESSER & SONS

No. 10893.

23 Ohio App. 2d 179 (1969)

LEE TURZILLO CONTRACTING CO., APPELLEE, v. FRANK MESSER & SONS, INC., APPELLANT, ET AL., APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided October 27, 1969.

Attorney(s) appearing for the Case

Mr. Fred H. Zollinger, Messrs. Rendig, Fry, Kiely & Dennis and Mr. Don Burkholder, for plaintiff-appellee.

Messrs. Taft, Stettinius & Hollister, Mr. Nicholas L. White and Mr. James K. Nelson, for appellant.

Messrs. Frost & Jacobs, Mr. James G. Headley, Mr. Leo C. Wilkerson and Mr. Booth Shepard, for defendant-appellee.

SHANNON, P. J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas, Hamilton County, Ohio.

On July 20, 1961, defendant-appellant, Frank Messer & Sons, Inc., and defendant-appellee, Cincinnati Metropolitan Housing Authority, entered into a contract whereby Messer was to construct a housing project in the city of Cincinnati based upon plans and specifications prepared by and on behalf of the housing authority.

The project...

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