OWENS v. FOWLER

No. 5314.

32 F.2d 238 (1929)

OWENS et al. v. FOWLER et al.

Circuit Court of Appeals, Fifth Circuit.

April 25, 1929.


Attorney(s) appearing for the Case

George Butler and C. B. Snow, both of Jackson, Miss. (Earl N. Floyd, of Jackson, Miss., on the brief), for appellants.

W. H. Watkins, of Jackson, Miss. (W. H. Hughes, Watkins, Watkins & Eager, and Hughes, Nobles & Lane, all of Jackson, Miss., on the brief), for appellees.

Before WALKER and FOSTER, Circuit Judges, and GRUBB, District Judge.


FOSTER, Circuit Judge.

This appeal presents for review judgments in three cases that were consolidated for trial. The record supports the following conclusions as to the material facts:

Appellants had been awarded a contract by Hines county, Miss., for the construction of the dirt work and culverts of a road to run between the towns of Clinton and Bolton. When completed the road was to be hard-surfaced, but appellants did not have that part of the building...

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