Board of Commissioners v. Newlin

— The appellees allege in the first paragraph of their complaint that they entered into a contract with the appellant to construct a free gravel road; that they performed their part of the contract, and estimates were duly issued to them by the engineer; that the appellant issued and sold bonds to secure funds to pay the cost of constructing the road; that it has the avails of the sale of bonds in its hands. The second paragraph contains substantially the same allegations as those we have outlined, but it also contains additional averments. The substance of the additional averments is this:…