Murphy v. City of Albina

This is an action to recover on a quantum meruit for work and labor alleged to have been performed by plaintiff, in grading, cutting, and filling one of defendant’s streets, known as Margaretta avenue. This is the second appeal in this case. For the purposes of this appeal, the facts sufficiently appear in the case as reported (20 Or. 379), except from this record it appears that plaintiff by his written contract was to grade Margaretta avenue, a public street of the defendant, to the grade established by the city, as surveyed and established by Hulbert & McQuinn, and according to a profile…