Sgarlat v. Griffith

Opinion by

Mr. Justice Drew,

This suit was brought by plaintiff upon a written contract, to recover extra compensation provided therein for the removal of rock in course of excavation. The case was heard by the court without a jury; and a judgment rendered for defendant was affirmed by the Superior Court. This appeal was by special allowance.

Joseph Pessari engaged appellee (defendant) as general contractor to construct a building. Appellee then made a contract with appellant (plaintiff) to do the excavation and concrete work in accordance with the plans of the architect. The contract provided…