James v. Beebe

Citations

• 59 Wash. 380
• 109 P. 1032
• 1910 Wash. LEXIS 1207

Syllabus

<p>Contracts — Excavations—Construction— Termination — Extra Work. A clause in a contract for an excavation providing that, if the contractor encounters rock requiring blasting, he agrees to stop excavating and accept proportionate payment, does not render the contract no longer obligatory upon his encountering rock, and author-ire him to recover on quantum meruit for services thereafter performed, when construed with other provisions of the contract, whereby he first agreed to'excavate the lot and remove and clear away all earth and rubbish not requiring blasting, and further agreed to accept proportionate payment for earth removed if rock was encountered, and also agreed to blast and remove rock at $1.25 per cubic yard at the option of the owner; and construing the entire contract together, he was not entitled to extra pay for “preparing and clearing the rock for blasting,” since the same was included in the contract.</p>