Givens v. Western Paving Co.

JOHNSON,. Vice Chief Justice.

The plaintiff in error complains of the judgment of the trial court in a jury-waived civil action denying him recovery in his action wherein he sought a judgment to reimburse him the expenses of having to repave a street in a subdivision he was developing in Oklahoma City. He had contracted with the Western Paving Company to install a rock asphalt street surfacing on some streets in the addition, which the paving company did in December, 1948, and allegedly breached its agreement in that the surfacing was inadequate, insufficient and was installed in an…