Kiely Construction Co. v. State ex rel. State Highway Commission

MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

Plaintiff brought this suit for two different claims arising out of the performance of a highway construction project. The trial court directed the verdict for the plaintiff as to liability on one of the claims and the jury awarded the verdict for the plaintiff on the other claim. Damages were awarded in the amount of $25,000 for each claim. Defendant appeals from judgment and a denial of a motion for a new trial.

Kiely Construction Company (hereinafter referred to as Kiely) was the successful bidder on the “Butte East Project” on…