Roberts v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action was one by a contractor to recover for material furnished and labor performed pursuant to a contract with the board of county commissioners to construct a state highway. Judgment was rendered for plaintiff against the county and the state highway commission, and in the event the county should *16pay the judgment, for the county against the state highway commission. Defendants appeal.

The errors assigned are without merit.. In particular, the stock assignment which serves as an excuse for unwarranted appeals, that there was no…