Irwin v. Kilburn

It is alleged in appellants’ complaint, that ■during the year 1879, they were partners, and engaged, as contractors, in the construction of the Indianapolis, Decatur .and Springfield Railway from Indianapolis, through the counties of Marion, Hendricks, Putnam, and to a station in the county of Parke, a distance of about forty-three miles; that as such contractors they sublet certain work to appellee Henry E. Kilburn, and entered into a written contract with him. A copy of this contract, executed by him and them, is set out in the complaint. So much of it as needs to be set out here is as…