Kling v. Railway Construction Co.

This is an action by plaintiffs, as subcontractors, against the Railway Construction Company as contractors, and the Carondelet Railway Company as owners of a leasehold interest of ten years, and against Mentrup as owner of the fee. Terry, another defendant, claims an interest in the fee, and was made a co-defendant on his own motion.

The Railway Construction Company, in its answer, admits the contract, but denies the correctness of the account, and sets up violations of the contract, and delay in completing the work. The railway company files a general denial. Mentrup, the owner of the fee,…