Naughton v. City of Sioux Falls

Citations

• 3 S.D. 90
• 52 N.W. 324
• 1892 S.D. LEXIS 43

Syllabus

<p>1. When, under the provision, of a contract for grading a public street, the contractor is required' to excavate and fill the entire length of a street, and, after this is done, curl) lines are to be established by the city-engineer, and the space between such curb lines is to'be filled with black loam, and the contractor is to receive a certain price for each cubic yard of earth hauled, such contractor is entitled to pay for the earth hauled to fill in behind the curb lines, as well as the earth hauled in excavating and filling in the street.</p> <p>2. When a contract provides for the doing of specific work and the furnishing of material, and makes no provision for the payment of the expense, the contractor or other person performing the work and furnishing the material is entiled to the value of the same.</p> <p>(Syllabus by the Court.</p>