Bates v. Hoskins

The defendant appeals from a judgment directing the issuance of a writ of mandate requiring him to make a true and correct final estimate of excavations made by the plaintiffs under a contract for the construction of a concrete highway in Stanislaus County.

The contract in question and the issues involved are the same as those discussed in the ease of McGillivray Construction Co. v. Hoskins, ante, p. 636 [202 Pac. 677], with the additional question whether the plaintiff is entitled to compensation for excavations made, in filled sections, between the header boards placed along the sides to…