Calvert v. Allen County Fiscal Court

Opinion op the Couet by

Cread, Commissioner — ■

Affirming.

David R. Calvert and other joint owners of a tract of land in Allen county instituted this action against N. F. Harper and the justices composing the fiscal court of Allen county seeking to recover the sum of $2,000 as liquidated damages because of the failure of the defendants to comply with the conditions and consideration of-a contract and to fully and finally complete work and improvements as provided therein.

It is alleged in the petition that the fiscal court, in the exercise of the power and authority vested in it by law,…