City of Earlington v. Powell

Opinion of the Court by

Judge Willis—

Affirming,

Earlington, a city of the fourth class, enacted appropriate legislation for the improvement of its streets. The contract for the construction of concrete curbs and gutters was awarded to the Hopkins County Construction Company. It constructed concrete curbs and gutters upon all the streets covered by the contract except an immaterial portion, where it was prevented from doing any work by the delay of the city in building a retaining wall. The city engineer made an estimate of the total cost of the improvement, complying substantial!;/ with the…