State Highway Department v. Dawson

Dependants in error, as plaintiffs, filed this action on March 26, 1949, against defendant to recover for the agreed price for gravel taken from the lands of plaintiffs under an “option to buy material” dated August 8, 1947. The gravel in question was taken and used by defendant on the Blue Mountain cut off highway project in Rio Blanco county; it undisputably appears from the record that this particular highway project was set up prior to July 1, 1947; an allotment of appropriated funds therefor was approved prior to that date; and said funds for this project were “ear marked” for this…