Johnston v. Joint Highway District No. 12

WEYAND, J., pro tem.

The plaintiff, appellant herein, was a contractor and performed certain road work for Joint Highway District No. 12 of the State of California, under a contract dated July 18, 1930. There is but one ultimate question involved herein, and that is whether the asphaltic concrete used on the roadway should have been measured in the wagon at the point of delivery to the place of use, or whether it was to be measured after the same had been compressed into the roadbed, as the roadway was finally constructed.

Appellant contends that the contract should be so construed that he be…