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WILLS v. PEACE CREEK DRAINAGE DIST.

No. 4388.

4 F.2d 519 (1925)

WILLS et al. v. PEACE CREEK DRAINAGE DIST. OF POLK COUNTY, FLA.

Circuit Court of Appeals, Fifth Circuit.

February 4, 1925.

Attorney(s) appearing for the Case

Francis B. Carter, of Pensacola, Fla., and C. A. Boswell and S. G. Wilson, both of Bartow, Fla. (C. A. Boswell, Jr., J. J. Swearingen, T. L. Wilson, and B. C. Wilson, all of Bartow, Fla., on the brief), for plaintiffs in error.

Herbert S. Phillips, of Tampa, Fla., and Geo. W. Oliver, of Bartow, Fla., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

The Peace Creek Drainage District of Polk county, Fla., a public corporation formed for the purpose of reclaiming overflowed lands, in 1915 entered into a drainage contract with A. V. Wills & Sons, hereinafter called contractors. Article I of the contract is as follows:

"The contractors, under penalties of a bond conditioned for the full and faithful performance of this contract, will, in accordance with attached proposal and specifications...

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