Charles Weaver Co., Inc. v. Phares

Appellee had a contract with appellant to clear and grub a link of a state highway in Wilkerson County in part performance of a principal contract which appellant had with the State Highway Commission. The length of the link was approximately 16 1/2 miles. The contract was awarded on June 17, 1936, was signed on July 11, 1936, and was to be completed in 175 working days or in about 30 weeks, after delivery of the work order. Appellee began work on July 24, 1936, a few days after the issuance of the work order, and on November 7, 1936, that is to say, at the end of 15 weeks, he had covered a…