Koch Sand & Gravel Co. v. Koss Construction Co.

A petition for rehearing having been granted, the former opinion, filed April 2, 1935, 260 N. W. 54, is withdrawn and this opinion is substituted therefor as the opinion of the court in this matter.

The Koss Construction Company entered into a contract with the Kentucky state highway commission for the construction of a bridge over Green river, near the town of Spottsville, Ky., in November, 1930. There was some conversation and correspondence between the plaintiff and the defendant as to the furnishing of sand and gravel to the defendant company for use in the construction of said bridge,…