Maney Bros. & Co. v. Blackburn

Plaintiff instituted suit seeking to recover certain money alleged to be due and owing from defendants to plaintiff. Defendants answered by denial and pleaded certain special defenses to plaintiff’s cause of action, and also filed a cross-petition seeking affirmative relief, to which pleading plaintiff replied. The case was tried to a jury and resulted in a verdict for plaintiff. Parties will be referred to in this court as they appeared in the trial court.

The record discloses that defendants secured a contract with the Highway Department of the state of Oklahoma for the construction of a…