Board of Councilmen v. State Highway Commission

Opinion of the Court by

Commissioner Stanley—

Reversing.

This suit is in the nature of a mandamus proceeding to compel the state highway commission and the members thereof to perform a contract which was entered into between the commission and the board of councilmen of the city of Frankfort on July 23, 1923. By the contract the commission agreed to take over the reconstruction, according to its plans and specifications, of 1.972 miles of certain streets in Frankfort, constituting state project No. 17a, Franklin county (but now known as U. S. Highway No. 60), and to maintain same. The contract…