Dolomite Products Co. v. State

Manitou Construction Company entered into a contract with the State of New York to build a portion of a certain *295State road. The State accepted the claimant as an assignee of that contract. Before the assignment one Page became a subcontractor for a portion of the work, at the unit prices which the State, by the terms of the contract, agreed to pay to the original contractor. In doing the work Page was required to carry away and waste certain excavated earth, and to “ borrow ” and bring in extra filling, because the excavated earth was not fit for filling, though the contract provided that it…