Petit v. Ervin Clark Construction Inc.

In its inception the case was quite simple but the procedural record became long and complicated, ending with a summary judgment for plaintiff against both defendants from which they appeal.

Plaintiff filed his petition in equity May 13,1950. It alleged: that defendant Clark Construction Inc. (herein briefly called Clark), having been awarded a contract by defendant County for improving, surfacing and resurfacing certain highways, orally engaged plaintiff to supply labor and the use of certain equipment to aid in the performance of said work; that it was first agreed they would divide the net…