Bachman v. Iowa State Highway Commission

The petition alleges a contract between the commission and plaintiff by the terms of which plaintiff was to furnish and did furnish one thousand cubic yards of crushed stone at $1.86 per cubic yard for road maintenance. The stone was to be delivered at certain locations ‘ ‘ in neat piles of regular shape and contour.” Final quantities were to be determined “by taking cross sections "of the stockpile.”

It further alleges that while plaintiff furnished the full amount of stone in piles, according to the contract, defendants, without plaintiff’s consent or knowledge, and before measurements were…