Allied Mills, Inc. v. St. John

SIMPSON, Justice.

Appeal by complainant from a declaratory judgment rendered by the Circuit Court of Marshall County, in Equity, in favor of the respondent.

The bill in substances alleges:

The parties entered into a written contract on February 14, 1961, whereby appellee was to furnish all material and labor in excavation and removal of excavated material from appellant’s property. This work was completed and appellant hilled for the amount due, a part of which was paid.

On April 6, 1961, appellee was informed by appellant that the adjoining property owner desired a li/j to 1 slope on an…