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Contracts Keyed to Calamari
Emery v. Caledonia Sand and Gravel Co., Inc.
Facts
The Plaintiffs, Mr. and Mrs. Emery (the "Plaintiffs"), entered into an agreement with the Defendant, Caledonia Sand and Gravel Co., Inc. (the "Defendant"), for the Defendant to remove earthfill from a certain site on their farm. The Defendant had an obligation to restore the excavation area after the job was completed. Because the land was not restored, a hay crop could no longer be sustained on the excavation site. The Plaintiff's were dissatisfied with the Defendant's restoration job, and sued to recover damages to adequately restore the excavation site, the value of crops that could not be grown and certain other expenses involved in restoring fertility. The Plaintiff was victorious and the Defendant appealed.
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