City of Boone v. Cary

The city of Boone by its proper officers let to A. J. Gary a contract for the construction of a sewer. The agreed price of the work was $36,531.11. About the time the work was completed Gary found himself involved in financial difficulties, being largely indebted for labor and materials employed in the construction of the sewer, and for money borrowed by him in prosecuting the enterprise. A judgment in the sum of $1,500 had also been rendered against him for personal injuries sustained by one Seed through the negligence of Gary in carrying on said work. By the terms of the contract it had…