City of Leesburg v. Hall and Harris

In this case we will refer to the defendants in error as the plaintiffs and the plaintiff in error as the defendant as thus they appeared in the court below.

The plaintiffs entered into a contract with defendant to construct some 46,000 cubic yards of sand and muck fill around the margins of several lakes or ponds in the City of Leesburg, the fills to be made of material dredged or excavated from near the central portions of several ponds. The contract provided that payments for making such fills were to be made monthly upon estimates of completed work. The plaintiffs moved machinery on the…