BARNES CONSTR. CO. v. WASHINGTON TOWNSHIP

No. 19,721.

134 Ind. App. 461 (1962)

184 N.E.2d 763

JAMES I. BARNES CONSTRUCTION COMPANY v. WASHINGTON TOWNSHIP, ETC., ET AL.

Court of Appeals of Indiana.

Rehearing denied October 19, 1962.

Transfer denied April 16, 1963.


Attorney(s) appearing for the Case

Nichols & Nichols, of Knox, and Stevens & Wampler, of Plymouth, for appellant.

Paul Reed, of Knox, for appellees.


MYERS, J.

This is an action commenced by appellant, James I. Barnes Construction Company, a partnership, to recover the last payment due under a construction contract for the erection of a grade school building in Washington Township, Starke County, Indiana. Appellees filed an answer and cross-complaint asking damages for defective construction work, and alleging that the engineer's certificate was not issued in the exercise of honest judgment and was issued through...

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