Van Every v. Fitzgerald

On August 19, 1884, plaintiff filed a petition in court below, alleging in substance:

1st. That defendant is indebted to plaintiff for moving 20,000 cubic yards of dirt on section 25 of Kenesaw and Oxford branch of B. & M. R. R., at agreed price of 18 cents per cubic yard, amounting to $3,600.

2d. That on or,about February 1, 1884, plaintiff and defendant entered into contract by which plaintiff was to do the clearing, grubbing, and grading of section 25 of said railroad work, to be commenced on or before March 1, 1884, and done by July 1, 1884.

If in judgment of engineer plaintiff was not…