Hoffman v. Winston

Opinion by

Portee, J.,

The defendants in this action had entered into a contract with the State of Pennsylvania, for the construction of a state highway, and had entered into a contract with the plaintiff to furnish them with crushed stone and stone grit to be used in the construction of said road. The contract provided, inter alia, that plaintiff was to supply stone at the rate of 150 tons per day, and if requested to do so, to increase that supply to 250 tons per day. Payment was to be made on the 20th of each month for all shipments made during the preceding month. The agreement contains the…