McCabe v. Cannoe

Opinion by

Mr. Justice Kephart,

Steele & Sons Co. contracted to build a home for incurables ; it subcontracted the excavation and masonry work to Cannoe. He in turn subcontracted the excavation to McCabe Brothers. McCabe Brothers contended in the court below that the written contract was for earth or dirt excavation only and that a subsequent oral agreement had been made to pay more than that contract price for rock excavation, when, in the course of digging, rock was encountered. This was denied by Cannoe and the jury found that the written contract covered excavation without classification.…