Seaward Construction Co. v. City of Rochester

This is an action on a contract to install certain sewer pipe for the city of Rochester. Defendant’s motion to dismiss was granted by the trial court and plaintiff’s exception was transferred by Loughlin, J.

On or about January 22, 1974, the plaintiff and the defendant entered into an agreement for the installation of certain sewer pipe. Plaintiff was to be paid $19 per linear foot of pipe installed at a depth of zero to ten feet and $60 per linear foot of pipe laid at a depth of ten to eighteen feet. The written agreement between the parties contained the following provisions:

2. All monies…