United States Fidelity & Guaranty Co. v. Cahill

Opinion op the Court by

Judge Stites

Reversing.

This is an appeal from a judgment of the Jeffer son circuit court dismissing the petition of appellant after a demurrer had been sustained thereto and appellant had declined to plead further. About the 28th of May, 1920, the appellee, J. H. Cahill, entered into a contract with the commonwealth of Kentucky for the construction of a highway in Jefferson county. Under the terms of the contract, Cahill was to be compensated for the construction of the highway by a schedule of payments applicable to each class of work involved. Naturally, it was not…