Julius Keller Construction Co. v. Herkless

The substance of appellees’ complaint is as follows: In 1906, appellant city of Rushville by regular proceedings contracted with appellees, to furnish the-material and perform the work in the improvement of Arthur Street in said city from Third Street north to the corporation line. The work consisted of grading the roadway and surfacing it with broken stone, and constructing cement gutters and stone curbing along the line of the roadway on each side. The cost of the work was to be assessed against the abutting owners as provided by statute. Appellees after the work had commenced were…