Commonwealth, Department of Highways v. L. G. Wasson Coal Mining Corp.

CULLEN, Commissioner.

L. G. Wasson Coal Mining Corporation (hereinafter “Wasson”) brought an action, based on alleged contractual liabilities, against the Commonwealth of Kentucky, Department of Highways, and against Traylor Brothers, Inc. (hereinafter “Tray-lor”). The latter asserted a cross-claim against the Commonwealth. Judgment was entered against the Commonwealth for $118,173 in favor of Wasson and for $15,-133 in favor of Traylor. The Commonwealth undertook to appeal from the entire judgment but failed to name Traylor in the statement of appeal with the result that the appeal was…