Adams v. Healy

On May 17, 1922, the parties hereto entered into a contract in writing whereby plaintiff agreed to haul the gravel needed for building eight miles of road for the price of 70 cents per cubic yard. It was therein provided that defendant might retain 20 per cent, “of the first four miles until the job is completed.” In the first count of his' declaration, plaintiff alleges that he hauled a total of 4,955 cubic yards, amounting at the contract price to $3,468.50, and that he has been paid but $1,877.90, leaving a balance due him of $1,590.60. On this count the jury found in his favor and against…