W. L. Slayton & Co. v. Newton & Morgan

BRYAN, Circuit Judge.

This is a writ of error to a judgment sus-

taining an exception of no cause of action and dismissing plaintiff’s petition.

The material allegations of the petition are substantially as follows.: The defendants were awarded a contract for the construction of a public road, subject to the sale, on the following day, of bonds for $99,000, to provide the necessary funds. After being awarded the contract, but before the bids for the bonds were received, the defendants made an offer in writing to pay to the plaintiff 5 per cent, of the amount of the bonds when they were paid for…