State ex rel. Cave Construction Co. v. District Court of the Third Judicial District

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an original proceeding on an application for a writ of supervisory control or other appropriate writ.

In August 1960, the petitioner entered into a contract with the Lower Willow Creek Drainage District for the construction of an earthfilled dam and measuring flumes. The petitioner’s successful bid was based on plans and specifications furnished by the Drainage District which included the excavation of materials from the spillway area and the transportation, placing and compaction of materials to form the earthfill dam.…