Herbert C. Heller & Co. v. Hunt Forbes Construction Co.

Opinion of the Court by

Drury, Commissioner

Affirming.

This is the second appeal of this case. See 1 S. W. (2d) 970, 222 Ky. 564. On the first appeal, the judgment was reversed, because certain property owners had not been made parties to the action. Upon the return of the case, the Hunt Forbes Construction Company amended its petition, and made the following parties defendants: Hays Nelson, Frank Ross, P. H. Williams, and P. H. Williams, as guardian of P. H. Williams, Jr. — to whom. we shall refer as the property owners. In their amended petition, the plaintiffs made the further allegation…