State Highway Commission v. Board of Councilmen

Opinion op the Court by

Judge Perry —

Affirming.

This is an appeal from a judgment of the Franklin circuit court sustaining demurrer of plaintiff, Board of Councilmen of the City of Frankfort, to the amended answer of defendant, the State Highway Commission of Kentucky, wherein the defendant was ordered (1) to specifically perform a certain road contract made and had with the plaintiff city on July 23, 1923, by which the defendant Highway Commission agreed with plaintiff city to construct and maintain a state highway over certain of its streets, 1.972 miles in length, within the city limits of…