Mathews v. Danahy

The plaintiff was a sub-contractor under the defendants’ intestate for the grading of a part of the St. *661Louis & San Francisco Railway. The snb-contract contained the following stipulation concerning the plaintiff ’ s ■compensation: “ For excavation of earth from cuts only, including, if required, an extreme haul of one thousand feet, nineteen cents per cubic yard: and filling, in all •cases, to be paid at fifteen cents per cubic yard for actual space filled, only.” The only question for determination is, whether, in these provisions, the plaintiff was entitled to be paid fifteen cents per…