Pigeon-Thomas Iron Co. v. Drew Bros.

This case is before us on a rule nisi issued upon an application for a writ of review.

' During the years 1923 and 1924, Drew Bros, constructed, under a contract with the state highway commission, a- section of the Tallulah-Delhi road, known as project 117-B, located in the parish of Madison, this state. Under the terms of the contract, the highway commission was to retain 20 per cent, of the cost of the project to protect itself against such claims as might be presentéd against the work.

At the time of the completion and formal acceptance of the work, the contractee had in its possession,…