McKay Construction Co. v. Ada County Board of County Commissioners

SHEPARD, Justice.

This is an appeal from the judgment rendered against plaintiff-appellant McKay Construction Company in an action on a sanitary land fill contract entered into with defendant-respondent Ada County Board of County Commissioners. We reverse and remand.

McKay entered into a contract on March 1, 1972 with Ada County which provided that McKay was to operate two sanitary land fill sites for the handling and disposition of waste. Paragraph 13 of that contract provides “if the quantity of waste to be disposed of under this agreement exceeds an annual average of 360 tons per operating…