Walton-Wilson-Rodes Co. v. McKitrick

*416Opinion op the Court by

Judge O’Rear

Reversing in original and affirming in tl;e cross-appeal.

Appellants’ partners, were contractors, engaged in building the M. H. & E. Railroad through Ohio county. They sub-let a portion of the work to appellee. It was for grading a section. The contract was written. Subsequently they let to appellee the work of building a culvert on the section which he was grading. This agreement was evidenced by the following letter:

“Hartford, Ky., June 19, 1907.

“Mr. W. S. McKitrick, R. F. D. No. 1, Hartford, Ky.

“Dear Sir: — As per.agreement with you we have included in…