Continental Const. Co. v. City of Altoona

92 F. 822, 35 C.C.A. 27, 1899 U.S. App. LEXIS 2194

• Court: Court of Appeals for the Third Circuit
• Decided: January 25, 1899
• Docket: No. 47
• Status: Published

Opinion

DALLAS, Circuit Judge.

This was an action in the circuit court for the Western district of Pennsylvania to recover for the breach of a contract alleged to have been made by the defendant in error. The court helow entered a judgment of compulsory nonsuit, which it subsequently refused to strike off, and thereupon this writ of error was sued out. We are all o-f opinion that the action of the court below was right. The contract alleged never bad any legal existence, and this is so clearly demonstrated by the opinion of the learned judge that further discussion of the subject would be superfluous. The judgment is affirmed.