Tobin v. Town Council

Riner, Justice.

Tbes© two cases, before tbe court by separate direct appeals from a judgment of tbe District Court of Crook County, are based upon tbe same record, botb plaintiff and defendant in that court being dissatisfied with tbe result there reached and each asking for a review of tbe record. Tbe cases can accordingly be disposed of by one opinion. Tbe action which culminated in tbe judgment thus attacked was instituted below by T. J. Tobin, doing business under tbe firm name and style of T. J. Tobin Construction Company, as plaintiff, hereinafter generally so referred to, or as tbe…