Cummings v. Pence

The appellant was the general contractor for the construction of a drain in Marion county, which had been established by order of the circuit court of that county, and awarded to James F. Flack, commissioner of drainage.

The appellee was a sub-contractor, under the appellant, to do the excavating. As such sub-contractor he entered into a written contract with the appellant for the performance of the work, and that contract forms the foundation of this action.

The only error assigned here is that the court in general term erred in affirming the judgment of the court in special term.

The errors…