Sundt v. Tobin Quarries, Inc.

BRICE, Justice.

The plaintiff (appellee) sued the defendant (appellant), to recover damages alleged to have been sustained because of defendant’s breach of a contract, by the terms of which the defendant agreed to deliver to plaintiff approximately 10,000 cubic yards of screened sand, to be used by plaintiff in the preparation of sealing material for the resurfacing of two portions of state highways ; also to recover for the use of certain equipment used by defendant, and the value of labor performed for defendant by employees of plaintiff.

The facts found by the trial court necessary to a…