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PETTY v. CODELL CONSTRUCTION COMPANY

346 S.W.2d 22 (1961)

Martin S. PETTY, Appellant, v. CODELL CONSTRUCTION COMPANY, et al., Appellees.

Court of Appeals of Kentucky.

February 17, 1961.

Attorney(s) appearing for the Case

J. Jerald Johnston, Frankfort, for appellant.

William Mellor, Louisville, White & McCann, Beverly White, Winchester, for appellees.

WILLIAMS, Judge.

The appellee, Codell Construction Company, hereinafter referred to as Codell, entered into a contract with Kentucky Department of Highways to construct a public road in Jefferson County designated as the North-South Expressway. Codell thereafter contracted with appellant, Martin S. Petty, hereinafter referred to as Petty, wherein Petty agreed to perform certain work as subcontractor. The essential portions of that contract are as follows:

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