Western Wheeled Scraper Co. v. Scott Construction Co.

The Scott Construction Company contracted with the State Highway Commission to build a certain paved highway. George W. Gist contracted with the Scott'Construction Company to make certain cuts and fills and bring the base for such work to the grade required in the plans and specifications. The Scott Construction Company agreed, “in consideration of the full performance of the work,” to pay George W. Gist at the rate of 45 cents per cubic yard for all material, except special borrow, moved in preparing, the grade, the material to be measured according to the provisions of the contract between…