Charles J. Rogers, Inc. v. Department of State Highways

Plaintiffs entered into a written highway construction contract with defendants. The contract called for an estimated 1,928, 214 units of embankment compacted in place at a unit price of $1.49 per unit. As the work progressed, defendants discovered a computational error which had resulted in an overestimate of 337,406 units. Though defendants notified plaintiffs of this decrease in the contract quantity, plaintiffs refused to agree to it and brought suit, claiming loss of anticipated profits. The trial court granted summary judgment for defendants; plaintiffs appeal as of right.

Plaintiffs…