Chas. R. Shepherd, Inc. v. Clement Bros.

WARLICK, District Judge.

This is a civil action instituted by plaintiff to recover from the defendant the sum of $137,807.06, which plaintiff alleges is due on account of the breach by the defendant, of an oral contract entered into between the parties, on the 7th day of October, 1954.

Plaintiff is a Georgia corporation. Defendant is incorporated under the laws of North Carolina. Both are engaged in doing general contract work, principally relating to road construction.

Plaintiff alleges in its complaint that the Highway Department of the State of Georgia, prior to the time of the oral agreement…