Brownlee v. Lowe

Mitchell, J. —

Henry E. Lowe & Co. instituted separate actions against the appellants, twenty-three in number, in the court below,to recover the amount alleged to be due the plaintiffs upon a written contract which was signed by one hundred and sixty-four persons, among whom were the appellants. The actions were afterwards consolidated.

It appears that Low$~& Co. had entered into a written contract with the Frankfort, St. L<fu5isand Toledo Eailroad Company, whereby they had agreed to construct and equip a certain portion of its line of road. They were not, however, to commence work until ten…