Hill & Combs v. First Nat. Bank

HUTCHESON, Circuit Judge.

Brought by a sub-contractor on a government job and the bank his assignee, the suit was for a balance claimed to be due for paving done. Originally of wider compass, the suit as it was submitted to the jury presented but one issue. This was whether turnouts, service entrances and other areas paved by plaintiff, the sub-contractor, were, as claimed by defendants, included in his contract, or were, as plaintiffs claimed, extras and to be paid for as such. Submitted on a general charge to which no exception was taken, there was a verdict for plaintiffs, and unless it can…