McFARLAND v. McKEE

3 Div. 535.

41 So.2d 574 (1949)

McFARLAND v. McKEE.

Supreme Court of Alabama.

June 23, 1949.


Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and L. E. Barton and Hugh F. Culverhouse, Asst. Attys. Gen., for appellant.

Adams & Gillmore, of Grove Hill, and Rushton, Stakely & Johnston, of Montgomery for appellee.


FOSTER, Justice.

The substance of the question involved on this appeal is whether the director of the Highway Department can so bind himself by contract with a highway construction contractor or by promulgating a rule applicable to such contract as to prevent him from agreeing with such contractor by supplemental agreement as to a matter which is a cause for a reasonable difference of opinion.

It is necessary to state enough of the facts to understand the...

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