Goben v. Des Moines Asphalt Paving Co.

Albert, J,

On or about the 6th day of August, 1923, defendant- entered into a -written contract with the city of Crestón to pave certain streets in said city. Later, plaintiff and defendant entered into an oral contract, by which plaintiff was to do certain grading incident to this contract, preparatory to paying, and aS' to this contract there is a dispute as to two elements.. Plaintiff claims that he.was to be paid by the “superficial yard,” and defendant claims that.it was to be by the “cubic yard.” Plaintiff claims that the agreed .price was 55 cents per superficial yard, and the…