T. Towles & Co. v. County Court of Summers County

MeRedith, President :

Plaintiffs sued in assumpsit to recover tbe balance of the contract price on a contract for road work. Tbe amount claimed was $10,306.88, with certain interest. The jury returned a verdict in their favor for $67.54, which the court refused to set aside on plaintiff’s motion, and they assign error.

On July 18, 1919, plaintiffs entered into a written contract with defendant County Court for the permanent improvement of 26,400 lineal feet of what is known as the Pipestem Road. They completed 9750 feet of it and were relieved from the remainder. No question arises as to the…