Kampeska Materials Co. v. Bone

Defendants H. R. Bone & Son had a contract with the state of South Dakota to gravel a portion of highway No. 42 in Brown county. They made a subcontract with H. E. Millen whereby he agreed to do the graveling for 20 cents a cubic yard. Millen, not having the necessary machinery for performance of the work, entered into a contract with plaintiff whereby plaintiff agreed to place loading machinery in a gravel pit near Gage, S. D,, and to load on railroad cars 40,000 -cubic yards of gravel, the cars to foe provided: by Millen, but “spotted” or placed at convenient situations for loading by…