Emery v. Caledonia Sand and Gravel Co.

The plaintiffs, husband and wife farm operators, entered into a landfill removal contract with the defendant road construction company. Under the terms of the several written agree-, ments, the plaintiffs allowed the defendant to remove earthfill from a certain site on their farmland at a specified unit charge. The agreements imposed upon the company the obligation to restore the “pit” (excavation area) upon completion of its operations. The defendant was obligated, inter alia, to leave the area “reasonably level with all back slopes no steeper 6:1”; to replace all topsoil; to spread all…