Carozza v. Williams

This is an appeal by plaintiffs from a judgment for them for $2,391.96, admitted by defendants to be due, in an action to recover $5,400 claimed by plaintiffs under a contract for the sale of dirt or “borrow” by plaintiffs to defendants. The case was tried without a jury.

By a contract dated April 24, 1942, plaintiffs agreed to sell to defendants dirt or “borrow” from a certain hill, to be dug and removed by defendants within eighty-two days, and defendants agreed within that period to dig and remove at least 90,000 cubic yards, in such a manner that the hill should be “left substantially…