Degood v. Gillard

Plaintiff entered into a contract with defendants to do excavating and filling on certain named streets in Coit Park addition in Grand Rapids. The total number of yards of cut and fill had been computed by, and were on record in .the office of, the city engineer.

The contract in part:

“Said party of the first part hereby employs said party of the second part to perform the excavation herein more definitely described for the sum of thirty-five (35c) per cubic yard of dirt actually excavated from the ground and filled in upon the ground of said property. Said party of the second part undertakes…