Legal Opinion

Baton Rouge Contracting Co., Inc. v. West Hatchie Drainage District of Tippah County, Mississippi

Court of Appeals for the Fifth Circuit

Decided January 26, 1971No. 29249_1PublishedCited by 3 opinions

1Per curiam

In this case the plaintiff-contractor sued to recover the value of certain alleged extra work performed pursuant to a contract for river channelization. In a detailed and well-reasoned opinion Judge Orma R. Smith denied the principal item of recovery by holding that the additional work was mere difficulty in performance which could have been foreseen before acceptance of the contract since defendants’ plans and specifications adequately revealed the type of soil conditions to be expected. The district court granted plaintiff’s claim for a sum over and above the price paid for the new spur…

2Cases cited1 opinion

  1. Baton Rouge Contracting Co. v. West Hatchie Drainage DistrictDistrict Court, N.D. Mississippi · 1969

3Cited by3 opinions

  1. Mayor of Columbus v. Clark-Dietz & Associates-Engineers, Inc.District Court, N.D. Mississippi · 1982
  2. Wildmon v. Berwick Universal PicturesDistrict Court, N.D. Mississippi · 1992
  3. Commercial Contractors, Inc. v. Sumar Contractors, Inc.Supreme Court of Alabama · 1974

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