Morris v. Peachtree Heights Park Co.

1. Where in a written contract between a contractor and another as owner, the parties agreed that the contractor was to grade for the owner certain grounds and streets and was to be paid at the rate of “25 c. per eu. yd. for earth excavations, 85 e. per eu. yd. for soft rock, and $1.35 per cu. yd. for hard rock,” and that the work should be done under the supervision of a named civil engineer, whose “estimates of classifications of materials shall be final and binding,” the latter stipulation necessarily contemplated that, for the purpose of determining the amount of compensation to be paid…