Adams v. Hercules Powder Co.

These cases were tried in the Circuit Court of Hamilton County and, demurrers to the declaration in each case being sustained, an appeal was prayed and granted to this court. Since each of the cases grows out of the same accident, the declarations being the same (except for the injuries), the demurrers being identical, and the same legal questions are involved in both cases, counsel agreed that the cases be consolidated and heard together.

Plaintiffs’ declarations allege that on the 1st day of August, 1941, the defendant, Hercules Powder Company, entered into a contract with the United States…