State Ex Rel. Santa Fe Sand & Gravel Co. v. Pecos Construction Co.

OPINION

MARTINEZ, Justice.

Plaintiff (appellant), Santa Fe Sand And Gravel Company, as subcontractor, entered into a Subcontract with defendant (appellee), Pecos Construction Company, Inc., on May 11, 1966 in which appellant was to perform earth moving work in connection with the construction of the New Mexico Public Employees Retirement Board (P.E. R.A.) building. Appellee was to pay appellant $43,000.00 for this work. During the period from May 11, 1966 through November 24, 1967, appellant performed the earth moving work and was paid $39,028.30 by appellee. Thereafter, appellee refused to pay…