Trustees of Wabash & Erie Canal v. Bledsoe

Assumpsit upon the counts for work and labor, &e., in the construction of a section of the Wabash and Erie canal.

The issues were, non assumpsit, and an issue upon a plea of payment.

Jury trial, finding for the plaintiffs, new trial denied, and final judgment on the verdict.

The evidence is upon the record, and shows that the construction of the section of the canal in question, was first let to one John Shawn; that on account of his default, the contract with him was declared forfeited, by W. J. Ball, engineer, when about one-third of the work contracted for had been performed; and that the…