Rockingham County v. Luten Bridge Co.

35 F.2d 301 (4th Cir. 1929)


Luten Bridge Co. (P) contracted with Rockingham County (D) to build a bridge in North Carolina on January 7, 1924. A resolution was adopted on February 21st that the bridge contract was not legal and valid. A copy of this resolution was sent to P. Another resolution on March 3rd was adopted that any work P did on the bridge would be done at his own peril. At the time of the passage of the first resolution, P had expended about $1,900 for labor and materials. P ignored the resolution and built the bridge anyway. P then sued for the amount of the work ($18,301.07) and won a directed verdict. The judge excluded evidence offered by D to support its contentions as to notice of cancellation. D appealed: notice of the cancellation was given P before the erection of the bridge was commenced and that D was only liable for damages which P would have sustained if it has abandoned the construction project.