MacDougald Construction Co. v. State Highway Department

Deen, Judge.

The appellee would have us read out the "judgment and discretion of the contractor” clause from the contract and place the whole question on a quantum meruit basis, whereas the appellant insists that under this covenant it had an unbridled discretion as to how much water it cared to use on the grass. The trial judge, we think correctly, steered a middle course as shown by his instructions to the jury that "if you find from the evidence that all of the 7,281,500 gallons of water for which plaintiff seeks compensation in this case was in excess of the amount of water which the…