Scanlan v. San Francisco & San Joaquin Railway

THE COURT.

This is an action brought by a contractor for the construction of a railway embankment, to recover the contract price for the alleged cubic contents of the embankment. The defendant had paid to the plaintiff what it claimed to be the whole amount earned, except about twenty dollars which it brought into court. The plaintiff had judgment for the balance claimed by him, and the defendant appeals.

The contract, among other things, contained the following provisions:

“On embankments a percentage for shrinkage must be added to the fill, and said percentage will be specified and marked out…