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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