Green v. Burkholder

This is an action for the breach of a written contract, and the issue to be decided is whether the plaintiffs sufficiently proved damages.

By a written agreement dated June 22, 1964, Green and others, plaintiffs, granted to Burkholder and Burkholder, a partnership, referred to herein as Burkholder or defendants, the right to remove gravel and other material from gravel pits on the land of plaintiffs for use in the construction of Interstate Highway 95, in Stafford county. The Fidelity & Casualty Company of New York, the other defendant, was surety on the Burkholder payment and performance bond…