Brear v. Klinker Sand & Gravel Co.

This action arose out of the alleged breach of a written contract, executed by the parties in January, 1958, wherein appellant agreed to furnish the necessary labor and equipment to crush 60,000 cubic yards of rock at respondent’s gravel pit on Maury Island at ninety cents per yard. Respondent agreed to furnish sufficient material to produce at least 60,000 yards of crushed rock by the end of the year 1958 with an option to appellant “for crushing in 1959.” It failed to produce to the minimum agreed yardage, the amount of the shortage being one of the issues of fact in this case.

On November…