English v. Hetherington & Berner, Inc.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

This action was instituted by appellee, a citizen of Indiana, against appellant, a citizen of Illinois, to recover damages for the alleged breaeh of a contract wherein it was agreed that appellee’s assignor as a sub-eon-tractor would furnish, and appellant would pay for, certain labor and material consisting of the fabrication and installation of the steel required in the erection of a court house at Kokomo, Howard County, Indiana.

The first count of the declaration relied specifically upon the contract, and the second count consisted of the…