HACKER BROS. CONST. v. BD. OF ED. OF WHITLEY


590 S.W.2d 897 (1979)

HACKER BROTHERS CONSTRUCTION COMPANY, INC., Appellant, v. BOARD OF EDUCATION OF WHITLEY COUNTY; and J. L. Cooper; Virgil Moore; Charles Craig; Steely Alsip; and Lincoln Prewitt; Individually as members of the Board of Education of Whitley County for the year of 1976; and Gorman Frazier; Steely Alsip; Lincoln Prewitt; J. A. Cooper; and Roscoe Croley, Individually as present members of the Board of Education of Whitley County; and J. C. Cooper; Gorman Frazier; and Roscoe Croley, Individually, Appellees.

Court of Appeals of Kentucky.

November 30, 1979.


Attorney(s) appearing for the Case

Franklin Stivers, Stivers & Stivers, London, for appellant.

William H. McCann Brown, Sledd & McCann, Lexington, for appellees.

Gardner L. Turner, Sturgill, Turner & Truitt, Lexington, for appellees (amicus curiae).

Before GUDGEL, HOGGE and WINTERSHEIMER, JJ.


GUDGEL, Judge.

This is an appeal from a summary judgment order of the Whitley Circuit Court. The issue is whether the appellant, Hacker Brothers Construction Company, Inc., and appellee, the Board of Education of Whitley County (Board), entered a valid and enforceable contract. The court below adjudged that they did not. We affirm.

After a State Department of Education survey of the Whitley County school system...

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