Sprague v. Boyles Bros. Drilling Co.

*348CROCKETT, Justice.

Appeal from a judgment awarding Sprague and his surety damages for breach of contract in which Boyles Bros, agreed to break rock into proper size for use by Sprague in constructing a levee on the banks of the Snake River near Rigby, Idaho.

Sprague, the general contractor, let a subcontract to Boyles by which the latter undertook to break into sizes of 50 to 350 pounds a minimum of 12,200 tons of native rock located in Olsen Quarry, to be done concurrent in time with Sprague’s carrying out his contract with the Federal Government. Boyles also agreed to furnish any additional…