MacDougald Construction Co. v. State Highway Department

(After stating the foregoing facts.) The sole questions presented for decision, as appear from briefs and argument of counsel, are whether the contract between the plaintiff and the defendant for the construction of the road authorized the plaintiff to use stone aggregate, or compelled the plaintiff to use slag aggregate; whether the plaintiff, in complying with the demand of the engineer of the highway department to use slag aggregate, waived its right, if it had such right under the contract, to use stone aggregate; and whether the act of the engineer in demanding the use of slag aggregate…