Sgarlat v. Griffith

Opinion by

Reno, J.,

Appellant sued for the extra compensation stipulated in a written excavation contract which he had with the appellee who was the general contractor for the erection of a building for the owner. The trial judge sitting without a jury found for appellee. Appellant’s exceptions were 'dismissed by the court in banc, whereupon he appealed.

The appellant agreed “to do all the excavating and all concrete work ......” for the sum of $3,050 which was paid in full. The contract also provided that “In excavating if rock be found which would require removal by blasting $1.10 per cu. yd.…