Savini Construction Co. v. a & K Earthmovers, Inc.

OPINION

The appellant was the prime contractor on the Pinion Hills Bridge, a state highway construction project. The respondent submitted a bid offer of 35 cents a yard for moving certain earth on the project from a cut in the proposed roadway to fills at the bridge abutments and was awarded a subcontract at that price by the appellant. No written contract was ever executed, but the parties orally agreed concerning the work to be performed under the subcontract. On November 13, 1969, the respondent left the job claiming that the earth fills at the bridge abutments had been completed and the…