Herbert C. Heller & Co. v. Hunt Forbes Construction Co.

Opinion op the Court by

Judge Rees

Reversing.

This is an action under the declaratory judgment act, section 639al’to section 639al2 of the Civil Code of Practice.

It is alleged in the petition that the appellees, Cfeo. Hunt, Jos. W. Bosley, and M. I. Forbes, a partnership doing" business as the Hunt Forbes Construction Company, constructed certain ’streets in the city of Ashland pursuant to sections 3096-3102, inclusive, of the Kentucky Statutes, and that the city of Ashland made settlement with appellees by turning over to them the cash that was paid' by property owners against whom assessments…