Inland Construction Co. v. City of Pendleton

This cause, which was tried before the court without a jury, may well be considered thus: (1) Did plaintiff select a proper legal theory upon which to recover, and (2) if so, is there any evidence tending to establish such theory? It is conceded that plaintiff constructed the sewage disposal plant in compliance with the terms of its contract, with the exception of not completing it within the stipulated time. Under such circumstances, where nothing remains to be done except payment for the work performed, plaintiff, at his election, may declare specially on the original contract or generally…