Erickson v. Green

The plaintiff and defendant entered into an agreement, the substance of which was that the plaintiff Erickson agreed to remove all the soil from the surface of the lots mentioned therein which were owned by the defendant Green, and one-half of the width of the alley abutting on said lots on the east above the then reestablished grade of Second avenue and Pine street. The price agreed to be paid for the removal of the earth was twenty-five cents per cubic yard. The payment was to be made in cash, one-third of the *614total when the work was half completed, one-third when the work was completed,…