Hoyt v. Carey

Raymond T. Hoyt et. al., copartners, contracted with Major county, Okla., by and through its duly constituted board of county commissioners, for the performance of excavating work on a road project for the county. A portion of the excavating was classified as “A” (that is, dirt and other easily moved materials) to be done at a relatively low cost. It is alleged that the county engineer represented to plaintiffs that he had sounded the hill where the excavating was to be done and assured them that the material to be moved all fell within the definition of class “A,” and that their bid was…