Walb Construction Co. v. Chipman

This was a proceeding by the appellees construction commissioner and the city of Crown Point, a party assessed for the construction of Beaver Dam Ditch No. 3, against the appellant contractor for the construction of said drain, engaged in constructing said drain, to require the contractor to substitute heavier and stronger tile for the tile he was putting in certain parts of Laterals Nos. 3 and 15. To the written statement of objections filed by the appellees, the contractor answered by a denial and a special plea.

The trial court made a special finding of facts, on which it stated conclusions…