Scanlan v. San Francisco & San Joaquin Valley Railway Co.
California Supreme Court
APPEAL from Superior Court, San Joaquin County. Action by A. V. Scanlan against the San Francisco and San Joaquin Valley Railway Company. From a judgment for plaintiff and from an order denying a new trial defendant appeals. Reversed.
1Opinion of the CourtVan Fleet, J.
This is an action, brought by a contractor for the construction of a railway embankment to recover the contract price for the alleged cubic contents of the embankment. The defendant had paid to the plaintiff what it claimed to be the whole amount earned, except about $20, which it brought into court. The plaintiff had judgment for the balance claimed by him, and the defendant appeals.
The contract, among other things, contained the following provisions: “On embankments a percentage for shrinkage must be added to the fill, and said percentage will be as specified and marked out by the engineer…
2Cited by2 opinions
- Gray v. CottonCalifornia Supreme Court · 1913
- Wood, Adm'r v. ChapmanSupreme Court of Oklahoma · 1922