Caletti v. State

This is an appeal from a judgment in favor of defendant in an action brought on a construction contract for certain road work on a state highway in Mendocino County. During the work a slide occurred, and the dispute here is as to the method of measuring its cubic contents.

The contract provided that roadway excavation would include the removal of slides outside the limits of the cross section which came into the roadway through no fault of the contractor. The contract also provided that, “quantities of excavation will be computed by the method of average end areas.” The issue here is what is…