Schoenberger v. James

Opinion by

Baedbige, J.,

The plaintiff, a subcontractor, sued the defendant, to recover a balance alleged to be due under a contract whereby he was to haul earth excavated by the defendant, who had a principal contract with the borough of Westmont. The contract provided that the plaintiff was to haul and remove the earth for the price of 24 cents per cubic yard, and dump it at points designated by the borough engineer. He was “to be paid when the party of the first part has received his estimate from the borough engineer.”

The plaintiff claimed that he hauled, under this contract, 20,872 cubic…