Prudential Insurance Co. of America v. Stratton

Melvin Mayfield, Judge.

The appellees filed suit against the appellant seeking to recover on a written contract under which they were to clear approximately 160 acres of land owned by appellant. Appellees, a father and son partnership, were to be paid $250.00 per acre to “cut, pile and burn all trees, brush and other vegetation either standing or fallen” on the land. The contract was signed on September 10, 1981. Work was to commence “immediately” and be completed “no later” than November 25, 1981.

The appellant contends that on November 24,1981, the appellees were advised that it was obvious…