Griswold v. Bay City

Marston, J.:

Defendant in error brought an action of assumpsit to recover the agreed price for a quantity of dirt sold and delivered under ,an express contract, made by its street commissioner with plaintiff in error.

^Plaintiff in error in this court assumes, and upon this he bases his argument, that the city, for the purpose of paving one of its streets, lowered the grade thereof, and in doing so it became necessary to make excavations and remove a large quantity of tbe earth in the street, which, not being needed for city purposes, was sold to plaintiff in error and others. Upon the trial…