Southeastern Sand & Gravel Co. v. Newell Roadbuilders, Inc.

LAWSON, Justice. .

This is a declaratory judgment proceeding instituted in the Circuit Court of Montgomery County, in Equity, on December 22, 1964, by Newell Roadbuilders, Inc., sometimes hereinafter referred to as New-ell, against Southeastern Sand & Gravel Company, a division of Blount Brothers Corporation, .sometimes hereinafter referred to as Southeastern.

In February of 1964 Newell was engaged in the business of constructing roads and submitted a bid to the Highway Department of the State of Alabama for the construction of a part of Interstate Highway No. 65 in Baldwin County. In its bid…