Frontier Feedlots, Inc. v. Conklin Bros., Inc.

REYNOLDS, Justice.

This appeal evolves from a suit on a contract and a cross-action for damages for breach thereof. Affirmed.

Appellant Frontier Feedlots, Inc., in the construction of its cattle feedlot in Hans-ford County, entered into a written contract with appellee Conklin Bros., Inc., for the installation of a pressure water system and water drain system. Anticipating that rock might be encountered in excavating preparatory to installing the underground pipe, the contract provided that rock excavation would be at a special rate per cubic yard and provided for measurement by appellant. Upon…