Middle West Roads Co. v. Peoples National Bank & Trust Co.

This was an action by the appellee against the appellant to recover damages on account of appellant’s failure to pay to appellee certain sums received by appellant on estimates made in the construction of a highway.

The facts disclose that on the 24th day of December, 1931, the appellant, a corporation engaged in constructing highways, entered into a contract with the State Highway Commission of Indiana to construct a cement road between the cities of Washington and Petersburg, Indiana. The contract which the parties executed was in the form, and contained the conditions and stipulations…