Nolan v. City of Owensboro

HICKS, Circuit Judge.

Suit upon a balance claimed to be due upon a contract. Appellant was a contractor and appellee a municipal corporation organized under the laws of Kentucky.

The petition alleged that the board of commissioners of appellee, under the authority of an ordinance duly enacted, advertised for bids for the construction of a sewer system in accordance with plans and specifications theretofore adopted; that appellant was the successful bidder, and thereafter a contract was entered into between appellant and appellee for the execution of the work; that the contract provided…