Winston & Co. v. Clark County Construction Co.

Opinion of the Court by

Judge Thomas —

Affirming.

The appellant and defendant below, Winston & Company, is a partnership, and will hereafter be referred to as defendants. The appellee and plaintiff below, Clark County Construction Company, is a corporation, and will hereafter be referred to as plaintiff.

The plaintiff, claiming a contract with the defendants to construct a concrete culvert and a concrete viaduct on a line of railroad between Winchester, Kentucky, and Irvine. Kentucky, brought this suit to recover the unpaid balance of $5,048.43 alleged to be due it in the performance of such work.