State Highway Department v. Knox-Rivers Construction Co.

Whitman, Judge.

Whether the plaintiff’s petition states a cause of action, as against the defendant’s general demurrers, is to be resolved, as both parties point out in their briefs, by ascertaining from the contract upon whom the duty fell to locate a new source of soil for the road building project when the first soil pit failed.

The plaintiff’s position is best illustrated by certain allegations in its petition, to wit:

“ (6) That the defendant provided petitioner with plans showing the location of a certain soil pit to be used for the acquisition of soil to be mixed with mortar and gravel…