Monto v. Gillooly

Hatcher, Judge:

The defendant is the surviving partner of Marshall and Gillooly, contractors. They entered into an agreement with the 'State Road Commission to grade and pave with a bituminous macadam surface 6.8 miles of a state road, identified as State Project No. 3325, Barbour county. They then sublet to plaintiff the quarrying of all the stone for the napped stone base course of the project, the fine grading and the construction of the base course, to the satisfaction of the Road Commission. The plaintiff was to receive $1.00 per cubic .yard for quarrying the stone, and a like sum for…