Terhune v. Ben W. Gorham Company

Opinion op the Court by

Judge Thomas

Affirming.

This is the second appeal of this case. The opinion in the first one is reported in 225 Ky. 249, 8 S. W. (2d) 431, in which will be found the facts as a foundation for the action, and our determination of its character and purpose. It was therein held that the action was maintainable by plaintiff, H. 0. Terhune, who was appellant in that appeal and also in this one, against the contractors, Ben W. Gorham & Co., notwithstanding there was pending, and undetermined at the time it was filed, a condemnation proceeding in the Mercer county court by the…