Kistler v. Indianapolis & St. Louis Railroad

Morris, C.

— The appellant sued the appellee for work and labor performed under a written contract, a copy of which is filed with the complaint. 11

It is alleged in the complaint that the appellant was to make all the excavations and construct the necessary embankments in grading sections twenty and twenty-one on the appellee’s road in Hendricks county, Indiana, and do all the grubbing, «hopping and clearing necessary to be done on said sections; that the appellee was to pay the appellant twenty-six cents per cubic yard for all excavations on section twenty, and for •embankments on section…