Turner v. Kelly

' Opinion op the Court by

Commissioner Hobson—

Affirming.

Evarts is a town of the sixth class in Harlan county. The board of trustees on May 4, 1925, adopted an ordinance for the improvement of certain streets of the town, and advertised for bids for the work. Bids were received, and on May 16, the bid of Owen Kelly and E. S. Forrester, who were the lowest and best bidders, was accepted. A written contract was thereupon entered’into. On May 28, about sixty property owners of the town filed an action against the trustees and the contractors to obtain an injunction restraining the contractors from…