T. Foster Callahan, Inc. v. Commissioners of Sewerage, District Number One

The opinion of the court was delivered by

Hetfield, J.

This was a suit in the Supreme Court, tried in the Union Circuit; the trial judge nonsuited the plaintiff, who has appealed here from the judgment thereon.

Plaintiff contracted with the defendant to construct certain sewers in the township of Union, and, among other things, the contract provided that in addition to the contract price, the plaintiff was to be paid $4 for each cubic yard of rock and $5 for each cubic yard of quicksand encountered and excavated by plaintiff in the performance of the said contract.

The plaintiff contends that…