Amerman v. State Ex Rel. Bromide Crushed Rock Co.

Opinion, by

PINKHAM, C.

The defendant in error, Bromide Crushed Rock Company, a corporation, as the beneficial plain-riff, instituted this action against M. R. Amerman and Globe Indemnity Company, a corporation, for the recovery of the sum of $2,043.92, alleged to he due the defendant in error.

The parties will be referred to as they appeared in the trial court.

■The material facts necessary to a proper understanding of the controversy in this ease are as follows:

On the 1st' day of December, 1921, the state of Oklahoma, by and through the Highway Commissioner, entered into a contract in, writing…