Alexander & Polley Construction Co. v. Spain

MOORE, Justice.

Appellees, W. A. Spain and wife, brought this suit against Alexander and Polley Construction Co., Inc., appellant, to recover for the agreed price of fill dirt sold to the appellant corporation. Appellees alleged that they agreed to sell and appellant agreed to purchase and remove from ap-pellees’ premises all fill dirt needed by appellant at the agreed price of $0.15 per cubic yard. That pursuant to such agreement appellant removed the fill dirt but failed and refused to pay appellees a balance due and owing under the contract in the amount of $3,476.90. After a trial before…