Cogan Co. v. Hughes

1. In an action for the price of doing certain grading, based on a parol contract for work in constructing a railroad-bed, the issue was as to the price agreed to be paid for the work. The defendant contended that the contract price was twenty cents per yard for the removal of earth, and one cent for “overhaul;” and the plaintiff contended that the price was twenty-five cents per yard for removal of earth, and two cents for “overhaul.” While the plaintiff was being examined as a witness in his own behalf, the defendant’s counsel propounded questions to him referring to other work, and asking…