Midwest Bridge Co. v. Highway Department

In my view this is not a proper case for disposition by summary judgment. The stipulation of facts entered into by the parties contained the following:

“That the contract provided that petitioner supply 5,219.6 cubic yards of grade A (6AA) concrete superstructure at a unit price of $65 per cubic yard. After the construction was commenced, the Michigan State Highway Department requested a design change. That as a result of the change there was a decrease in concrete to be used of 32.2 cubic yards.

ft * #

“That the 1965 standard specifications for road and bridge construction are a part of the…