O. J. Ward, Inc. v. Winford Co.

PRICE, Judge.

Plaintiff, a subcontractor, has appealed from the judgment of the trial court rejecting his demands against the prime contractor on a State highway project for payment of quantities of concrete paving allegedly furnished in excess of that provided in the contract. Recovery is sought under an alleged verbal agreement supplementing the original contract whereby defendant agreed to pay for the excess quantities, and, alternatively, plaintiff seeks recovery under the equitable principle of quantum meruit.

The operative facts giving rise to this litigation are as follows: The Winford…