Lynch v. Dunn's Administrator

Opinion of the Court by

Commissioner Hobson

Beversing.

Erasmus Duun died a resident of Garrard county, leaving a will by which he provided for the erection of two monuments in the cemetery. B. H. Tomlinson, the executor named in the will, qualified and on September 7, 1920, entered into two written contracts with B. J. Lynch to erect two monuments and four markers as provided by the will, at the price of $4,000.00. Lynch executed the work. It was completed about December 1, 1920, and after it was inspected by Tomlinson he paid Lynch $2,405.65 thereon. He did not pay the remainder because he did…