Whayne Supply Co. v. Morgan Construction Co.

MONTGOMERY, Chief Justice.

Whayne Supply Company, Inc., appeals from a judgment in favor of Morgan Construction Company, Inc., under which it was held that: (1) Morgan was not indebted to Whayne for equipment rentals under Morgan’s contract and bond with the Kentucky Department of Highways; (2) Morgan was not indebted to Whayne under the assignment of April 7, 1964, in any amount that exceeded Midwest Company, Inc.’s earnings under a subcontract with Morgan; (3) Whayne was to refund to Morgan $7,583.26; and (4) Morgan was to be paid $7,775.18, less costs, from the funds held by the Clerk of…