Quigg Construction Co. v. Chelan County

Citations

• 108 Wash. 314
• 184 P. 331
• 1919 Wash. LEXIS 883

Syllabus

<p>Highways (33)—Contract—Change—Extra Work—-Evidence— Sufficiency. Only upon the clearest and most satisfactory evidence, if at all, could there he any estoppel on the. part of a county to invoke the clause of a contract for road work which provided, pursuant to Rem. Code, § 5879-9, that no payment shall be made for extra work unless authorized by the county commissioners and approved by the state highway commissioner.</p> <p>Same (33)-—Extra Work-—Quantum Meruit. An action on quantum meruit for extras cannot be maintained where a county road contract had at no time been rescinded or modified and it specifically covered the manner in which extras could be allowed.</p> <p>Same (33). Compensation for extra yardage removed at places where the alignment was changed cannot be recovered on proof of the difference between the preliminary estimates and the total yardage -removed including “overbreakage,” where, under the contract, no allowance was to be made for overbreakage and there was no evidence to show the extra amount removed at the places where' the road was changed.</p>