State Highway Commission v. Sweetman Construction Co.

HOMEYER, Presiding Judge.

This declaratory judgment proceeding involves the construction of a highway building contract and the rights and obligations of the parties under it. We refer to the State Highway Commission as the Commission and to the Sweetman Construction Company as Sweetman. The trial court construed the contract adverse to Sweetman's contentions and this appeal followed.

In 1964 after published notice for bids on the work to be performed according to plans and specifications, the bid of Sweet-man was accepted and a contract entered into for grading and other work on Interstate 90…