City of Heavener v. Terry

Opinion by

THREADGILL, C.

This case presents error from the district court of LeFlore county. J. S. Terry, defendant in error, as plaintiff, brought suit against the citv of Heavener, plaintiff in error, as defendanv, for a balance due him as contractor on a sewer construction contract, and, for convenience, the parties will be designated herein as the contractor and the city as they referred to plaintiff and defendant in the district court. The contractor filed his petition in the'district court stating that he had made and entered into a certain contract with the city by the terms of which…