Brown v. Scism

MARTIN (Harry C.), Judge.

The dispute between the parties in this case is whether defendant Seism was required to move dirt onto his portion of the project from outside its boundaries in order to fulfill his agreement under the contract. Defendant contends that he fully complied with the contract by moving all the yardage that could be moved within the boundaries of the contract. Plaintiff asserts in his brief that under the agreement defendant was required to complete all the grading work, which entailed three major operations:(1) removing dirt to cut the high areas or “cuts” down to the…