Citizens State Bank v. Board of County Commissioners

The opinion of the court was delivered by

Marshall, J.:

The plaintiff, as assignee, sued the defendant to recover $6,541.21 earned by the Standard Engineering and Construction Company under a contract entered into between that company and the defendant providing for the construction of a highway in Cheyenne county. Judgment was rendered in favor of the plaintiff for $4,745.71, and the defendant appeals.

The petition alleged, and the evidence of the plaintiff tended to prove, that the Standard Engineering and Construction Company had entered into a contract with the board of county commissioners…