Hos Bros. Bulldozing, Inc. v. Hugh S. Ferguson Co.

Hos Brothers Bulldozing, Inc. (“Hos Brothers”) contracted with Hugh S. Ferguson Company (“Ferguson”)

[t]o furnish and dump w[h]ere directed, sandy fill material as approved by Pat Kinnear on April 8, 1970. Total to be approximately 30,000 cubic yards, delivered in 9 cu.yd. or 18 cu.yd. loads, for the total sum of $0.75/cu.yd. Daily truck totals to be submitted to Pat Kinnear for signed approval.

While the job was in progress Hos Brothers billed Ferguson for 31,256 cubic yards of fill material at a cost of $23,442. After a minor adjustment in the total figures, this bill was paid. Subsequently,…