State Highway Department v. Hewitt Contracting Co.

Jordan, Judge.

This case was transferred to the Supreme Court by this court because of the allegations and prayers of count 5 of the petition seeking rescission of the contract on the ground of mutual mistake so that recovery could be had, independently of the contract, for the reasonable value of all the work performed and of all the materials furnished in the construction of the highway project on the basis of quantum meruit. In State Hwy. Dept. v. Hewitt Contracting Co., 221 Ga. 621 (146 SE2d 632), the Supreme Court held that this case did not come within the equity jurisdiction of that…