Southeastern Highway Contracting Co. v. State Highway Department

Quillian, Judge.

By virtue of the stipulation between the parties, $17,383.62 retainage with interest on that amount has been liquidated between the parties and is not now an issue in this case. The only issue is the plaintiffs right to recover $74,508.12 together with interest on that amount and court costs for the plaintiffs "work of stock piling selected borrow before placing this material on the roadway in accordance with defendant’s orders.”

From the proof adduced there was a conflict as to whether the plaintiff was ordered or directed by the defendant’s engineer to stock pile material…