Owens v. Fowler

FOSTER, Circuit Judge.

This appeal presents for review judgments in three eases that were consolidated for trial. The record supports the following conclusions as to the material facts:

Appellants had been awarded a contract by Hines county, Miss., for the construction of the dirt.work and culverts of a road to run between the towns of Clinton and Bolton. When completed the road was to be hard-surfaced, but appellants did not have that part of the building to do. About three or four miles, east of Bolton the road crossed the line of the Yazoo & Mississippi Valley Railroad, at which point the…