Hunt Contracting Co. v. Tate

*740Opinion of the Court by

Judge Turner

Reversing.

Appellee instituted this action, against appellant in the Whitley Quarterly Court, alleging that early in March, 1912, he entered into a contract with appellant company under the terms of which he was to construct for it certain concrete piers and culverts along the line of a spur track or short railroad, which appellant was building under contract; that he began the work of constructing said piers and culverts, and had done some considerable part thereof, and was able and' willing to complete the same according to the plans and specifications, but…