Foley Bros. v. County of St. Louis

The controversy is concerning the classification of the materials moved by plaintiffs in the construction of the Fond du Lac-Wren-shall road, in St. Louis county. There is no dispute as to the quantity moved, which was 120,752 cubic yards. The contract provides for classification in these words:

“Excavation shall include all materials of whatever nature encountered, which shall be classified as follows:

“Earth shall include all sand, clay, gravel and other materials of every description, as found, which are not included in the following classification for loose and solid rock.

“Loose rock shall…