Goben v. Akin

Defendant had contracted with the city of Crestón to do curbing and guttering and the subgrading therefor. Plaintiff alleges an express verbal contract with defendant to do the subgrading at 55 cents per superficial yard. He claims only part performance, and asserts, as excuse for not fully performing, that, to enable plaintiff to carry on the work, it was necessary and agreed that he should be paid every two weeks; that defendant did not make such payments, and consequently plaintiff was compelled to discontinue the work. He asks to recover at the contract rate for the work done. Defendant…