REED & MARTIN, INC. v. CITY & COUNTY

No. 4611.

50 Haw. 347 (1968)

440 P.2d 526

REED & MARTIN, INC., AN ALASKA CORPORATION v. THE CITY AND COUNTY OF HONOLULU, A HAWAII CORPORATION.

Supreme Court of Hawaii.

May 1, 1968.


Attorney(s) appearing for the Case

Henry N. Kitamura, Deputy Corporation Counsel, (Stanley Ling, Corporation Counsel, and William H. Yim, Deputy Corporation Counsel, on the briefs) for defendant-appellant.

Asa M. Akinaka (Padgett, Greeley, Marumoto and Akinaka of counsel) for plaintiff-appellee.

RICHARDSON, C.J., MIZUHA, ABE, LEVINSON, JJ., AND CIRCUIT JUDGE KING IN PLACE OF MARUMOTO, J., DISQUALIFIED.


OPINION OF THE COURT BY ABE, J.

This suit was filed by Reed & Martin, Inc., (hereinafter called "Contractor") against the City and County of Honolulu (hereinafter called "City") for additional payment of $29,570.24 for 3,495.3 cubic yards of unclassified excavation under a public construction contract.

The sole issue is whether the excavation in question should be paid under item No. 3 or item No. B-1 of the bid schedule, to wit:


                    
                    
                    

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