State Ex Rel. Horvitz Co. v. Sours

By the Court.

The chief question in this controversy is the issue of fact whether the respondent Director of Highways is guilty of abuse of discretion in refusing to issue a requisition for the unpaid balance the relator claims is now due.

The relator insists that it completed the construction work in conformity with the contract and that the respondent approved and accepted the work by opening the highway to unrestricted traffic December 23, 1943. The important contentions of the respondent are indicated in the following two paragraphs of his answer:. “Further answering this respondent says…