B. H. Beverly v. B. H. Hardway

HOCKER, J. -- B. H. Beverly and R. D. Fryer, late partners trading under the name of Beverly & Fryer, plaintiffs, brought an action at law against B. H. Hardaway, defendant, in the Circuit Court of Franklin County, to recover a balance alleged to be due them for piles furnished by them to the defendant for which he had not paid them. It is alleged in the declaration that the plaintiffs entered into a written contract with the defendant on the 12th of April, 1906, whereby plaintiffs agreed to furnish defendant with all piling necessary to complete the trestle work on the Apalachicola Northern Railroad from Apalachicola River to the end of the trestle on the East side of the East River, for which defendant agreed to pay 5c per lineal foot, the piles to be of long leaf yellow pine not less than 14 inches in diameter at the but, and 8 inches at the small end, subject to the inspection of the Morey Engineering & Construction Company in accordance with the specifications in their contract with B. H. Hardaway. It is alleged that prior to April 20th, 1906, plaintiffs began to deliver pilings to defendant according to the contract, and did deliver 657,025 lineal feet being all the pilings necessary to complete the trestle. The defendant thereby became indebted