Fox & Co. v. State

This appeal grows out of two cases consolidated for trial and appeal.

On about July 25, 1929, the state let a highway contract to certain contractors by the name of Von der Hellen & Pierson, who subcontracted the clearing and grading to Frank Fox. Von der Hellen & Pierson and Fox then subcontracted the clearing and burning on the right of way to George Karsel and seventeen or eighteen others, who constituted a co-partnership for the purpose of doing the work of clearing and burning-on the right of way.

After tliey had completed the work, Karsel et al., had a dispute with Fox as to its…