W & O Construction Co. v. City of Smithville

OPINION

HARBISON, Justice.

This suit was brought by a contractor to recover extra costs for rock removal under a building contract with the City of Smith-ville for the erection of a waste water treatment plant. The Chancellor sustained a motion of the defendant to strike a number of documents exhibited to the complaint and also sustained a motion to dismiss for failure to state a claim upon which relief could be granted. Plaintiff has assigned error to these rulings.

After the case had been briefed and orally argued in this Court, plaintiff tendered a detailed amendment to its complaint, seeking…