McDonald Construction Co. v. Gill

Opinion by

Mr. Justice Walling,

Defendants, as general contractors for erection of the Benjamin Franklin Hotel, Philadelphia, contracted with plaintiff to do the excavating, estimated at thirty thousand cubic yards, at $1.25 a yard. The contract therefor was dated April 23, 1923, and provided for the beginning of the work on forty-eight hours’ notice and completion within thirty-two calendar days thereafter, time to be of the essence of the contract, the plaintiffs to receive a bonus of $500 a day for an earlier completion and pay a penalty of like amount for overtime. In case the excavation…