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Contracts Keyed to Farnsworth
Mineral Park Land Co. v. Howard
Citation:
172 Cal. 289, 156 P. 458Facts
Howard (defendant) contracted with Mineral Park Land Co. (“Mineral Park”) (plaintiff) to construct a concrete bridge across a ravine known as the Arroyo Seco. The work required to fill and cement the proposed bridge. This construction required Howard to remove an estimated 114,000 cubic yards of dirt and gravel from the land. Howard removed only 50,131 cubic yards of dirt and gravel. Mineral Park sued Howard for the latter’s failure to remove the entire 114,000 cubic yards. Howard maintained that only 50,131 cubic yards were available to remove above the water level. Removing any more dirt and gravel, Howard maintained, would be so cost prohibitive as to make it impracticable.
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