Garriott v. Brandenburg Construction Co.

Opinion op the Court by

Chief Justice Sampson—

Reversing.

Iu March, 1920, appellant Garriott entered into a contract with appellee company whereby he was to move a large quantity of dirt at seventy-five (75c) cents per cubic yard. After entering upon the work appellant was about to abandon it because, as he stated, he was not realizing a profit. Thereupon the parties entered into an agreement whereby appellant was to have $4.00 per eight-hour day, per man; $8.50 per eight-hour day for each two-*674horse team; and $10.75 per eight-honr day for each three-horse team employed by him In said work. Up to…