Stack Construction Co. v. Chenenoff

The testimony establishes with clarity the fact that the fill which under the contract was to be “loaded and trucked from site at extra of $0.80 per yard” was not actually loaded or carried away. This phase of the work was simply not performed. The trial court recognized this fact but nevertheless concluded that the plaintiff “should not be penalized” because of it.

The record establishes that more than 107,000 cubic yards were actually cut by the plaintiff, and it is entitled to compen sation for such work. However, we are unable to accept the trial court’s conclusion that such additional…