Western Paving v. Bd. of Com'rs of Lincoln

This is an action by the Western Paving Company against the board of county commissioners of Lincoln county to recover for gravel furnished for construction of certain highways in Lincoln -county. From a judgment on opening statement of counsel, plaintiff brings this appeal.

The parties will be referred to as they appeared below.

In 1927, the citizens of Lincoln county authorized the issuance of $1,200,000 in bonds, $300,000 o'f which was to be expended on the construction of certain county highways designated in the proclamation.

The instant case is the last in a series of five actions…