Tribble v. Yakima Valley Transportation Co.

Citations

• 100 Wash. 589
• 171 P. 544
• 1918 Wash. LEXIS 782

Syllabus

<p>Work; and Labor—Construction Work—Radical Change—Question for Jury. Whether a change in profiles for railroad construction work was so radically material as to entitle the contractor to extra pay is a question for the jury, where the change required the wastage of 40,000 yards of material over the tracks of another road at an expense of 51 cents per cubic yard.</p> <p>Same—Radical Change—Quantum Meruit. Although a contract is let on a unit basis, with the right to make changes, if the engineer makes changes so radical as to materially increase the cost of the work and require the doing of an act not within the reasonable scope of the contract, a recovery therefor may be had upon quantum meruit.</p> <p>Same. In such case, where the jury has decided that the parties contracted upon the profile staked out upon the ground, the court will not say, as a matter of law, that changes which made it impossible to do the work in the manner contemplated were not so radical but what recovery could be had on quantum meruit for the work done.</p> <p>Trial —■ Verdict — Separate Items — General Verdict — Effect. Where there is but one cause of action upon quantum meruit for work done in addition to that called for in a railroad construction contract, a general verdict is not void for uncertainty in that it does not fix the amount allowed for the separate items pleaded, there having been no- motion or demurrer on the ground of pleading distinct causes of action and no request for a special verdict; since a general verdict upon the general issue finds all essential facts in favor of the respondent.</p> <p>Appeal — Review — Presumptions — Verdict. Where the court properly instructed the jury upon each item claimed, it will be presumed that a general verdict was based upon the testimony that would sustain it.</p> <p>Trial—Verdict-—Certainty. Where a verdict rests in mixed facts and opinion, or even estimates of engineers, absolute certainty is not essential.</p> <p>Work and Labor—Perf