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RISSLER & McMURRY CO. v. WYOMING HIGHWAY DEPT.

No. 4882.

582 P.2d 583 (1978)

RISSLER & McMURRY COMPANY, Appellant (Plaintiff below), v. WYOMING HIGHWAY DEPARTMENT, Appellee (Defendant below).

Supreme Court of Wyoming.

July 18, 1978.

Attorney(s) appearing for the Case

Harry E. Leimback and David B. Park, Casper, for appellant.

V. Frank Mendicino, Atty. Gen., and Glenn A. Williams, Senior Asst. Atty. Gen., Cheyenne, for appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

ROSE, Justice.

Rissler & McMurry Company, a road-building contractor, filed a claim with the Wyoming State Highway Department in compliance with that agency's published claims procedure. The petitioner maintained that additional money under a highway construction contract was due. Its theory was that after the letting, the State changed the contract conditions so materially that they could no longer be performed as the parties contemplated, with the result that...

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