City of Owensboro v. Nolan

Opinion of the Court by

Creal, Commissioner—

Affirming.

In 1929, Owensboro, a city of tbe third class operating under the commission form of government, by and through its board of commissioners, contracted with Thomas Nolan to construct a system of sewers. Neither the validity of the contract nor any of the preliminary steps leading up to it is called in question. The sewer system which Nolan contracted to construct for the city has been fully completed, and by this action, instituted, in the Daviess circuit court, he is seeking to recover and enforce payment of the balance due under the…