Goin v. Board of Education, City of Frankfort

Opinion op the Court by

Judge Sims

Affirming.

W. S. Goin, the surviving partner of Howell & Goin (hereinafter called the contractor), brought this action against the Board of Education of the City of Frankfort (hereinafter called the Board), to recover $5406.49 alleged , to be due for certain reconditioning of a school building made necessary by the 198.7 flood while the building was in the course of construction under a contract between the Board and the partnership. The court sustained a general demurrer to the petition as several times amended on the theory that Howell & Goin were under…