Myers Bros. v. Hager

Qpinion of the Court by

Judge Richardson

^Affirming.

In October, 1932, Myers Brothers, a partnership, of Campbellsbiirg, Inch, and Arch Hager, Nicholasville, Ky., entered into a written contract by the terms of which Hager agreed to crush and deliver into a bin approximately 2,700 cubic yards of crushed limestone, meeting the 1932 State Highway .specifications for coarse aggregate, for which Myers Brothers agreed to pay him $1.50 per cubic yard. Myers Brothers further agreed to pay him $1.75 per cubic yard for any fine aggregate in the bin, meeting the specifications for class A concrete, “the…