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MASON v. CITY OF ALBERTVILLE

8 Div. 108.

158 So.2d 924 (1963)

C. N. MASON et al. v. CITY OF ALBERTVILLE.

Supreme Court of Alabama.

December 12, 1963.

Attorney(s) appearing for the Case

S. R. Starnes and Spain, Gillon & Young, Birmingham, for appellants.

Maurice F. Bishop, Birmingham, and T. J. Carnes, Albertville, for appellee.

LIVINGSTON, Chief Justice.

This is an appeal from the judgment for the plaintiff in the Circuit Court of Marshall County, Alabama, after a trial without a jury and upon an agreed statement of facts. The agreed facts are substantially as follows:

In December, 1954, C. N. Mason of Pensacola, Florida, executed a contract with the City of Albertville, Alabama, agreeing to construct a sanitary sewer system for the city as provided in the contract and specifications...

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