Maehl

Barnard-Curtiss Co. v. Maehl

Good Law
117 F.2d 7·1941 U.S. App. LEXIS 4167
United States Court of Appeals for the Ninth CircuitJanuary 4, 1941No. 9442California2,104 words

Opinion

Lead Opinion

Haney, J.

Appellant suffered a judgment against it in an action containing seven causes of action, brought by appellee to recover on contracts, express and implied.

Appellee’s first cause of action alleged that on July 22, 1936, appellant, which was about to commence the construction of a certain dam and reservoir, entered into a contract with appellee, under the terms of which appellee agreed to clear off brush and timber on 116 acres of land for the sum of $100 per acre; that appellee commenced the work about August 24, 1936, and completed it on January 17, 1937; and that appellant had failed to pay appellee a balance of $3,439.70 due him under the contract, with 6% interest since January 17, 1937.

For a second cause of action appellee alleged that appellant and appellee entered into a contract by which appellee agreed “to grub out, clear away and remove all stumps, roots and other debris from the surface of a certain gravel bar and tract of land” of about 20 acres, for the sum of $65 per acre; that appellee commenced such work on September 1, 1936, completed it on October 1, 1936, and that there was due him under the contract the amount of $1,300 with 6% interest from October 1,…

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