Bunnell v. Kindt

RENTTO, Judge.

The contractor building the Rosebud School Project at Mission, South Dakota, for the Bureau of Indian Affairs, subcontracted the excavation and dirt-moving portions of it to the parties to this action. The project involved the building of several large structures and 50 houses. While only the defendant is named as a party in the subcontract, he and the plaintiff had orally agreed that both of them would do the work required thereunder. The subcontract which was in writing described the dirt work to be done and provided that the compensation therefor would be paid to the…