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CLARKE v. CITY OF ALBANY

261 S.W.2d 435 (1953)

CLARKE et al. v. CITY OF ALBANY.

Court of Appeals of Kentucky.

October 9, 1953.

Attorney(s) appearing for the Case

F. D. Curry, John L. Keller, Harrodsburg, for appellants.

Bertram & Bertram, Bruce H. Phillips, Monticello, for appellee.

COMBS, Justice.

The appellants, contractors, constructed a sanitary sewer system and treatment plant for the City of Albany. This declaratory judgment suit was filed to determine their right to collect the balance of the contract price.

By the terms of the contract appellants were given 150 calendar days in which to complete the work. Work was commenced June 19, 1950. The contract price was $42,278.95 and another provision of the contract provided for the...

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