Harris & Maldonado v. Sperry

OPINION OF THE COURT

' BICKLEY, C. J.

The appellant, Sperry, had a contract to construct a building. This contract is not in evidence, but the testimony shows that it included the construction of a tunnel involving excavation, setting of forms, and the pouring of concrete. Appellees, subcontractors, had a written contract with Sperry to do some of the work, including ¿xcavations for the tunnel. Appellees did the work with the knowledge and acquiescence of appellant, and claim there is a balance of $470.50 due them.

The controversy arises over an item for excavation and back-filling in connection…