Fiscal Court v. Kentucky Public Service Co.

Opinion of the Court by

Chief Justice Settle

Reversing.

This action was brought by appellants in the court below to recover of appellees upon a bond executed by the latter for $1,000.00, claimed as liquidated damages for an alleged breach by them of its terms. The bond, which is copied in, and tire original filed with and made a part of the petition, reads as follows:

“Whereas, at a meeting- of the fiscal court of Franklin county, held on the 9th day of September, 1915, it was ordered that a franchise for a natural gas pipe line . be sold by the county judge to the- highest and best bidder,. and

“W…