Hoskins

The defendant appeals from a judgment directing the issuance of a writ of mandate requiring him to make a true and correct final estimate of excavations made by the plaintiffs under a contract for the construction of a concrete highway in Stanislaus County.

The contract in question and the issues involved are the same as those discussed in the ease of McGillivray Construction Co. v. Hoskins, ante, p. 636 [ 202 Pac. 677 ], with the additional question whether the plaintiff is entitled to compensation for excavations made, in filled sections, between the header boards placed along the sides to hold the concrete in place as it was poured.

The complaint alleges that “in order to make dikes, remove the same and bring the grade to a perfect subgrade as was ordered by said J. H. Hoskins, and as provided in the specifications covering said contract, there was necessarily excavated by the applicants 20,203.05 cubic yards of material.” In the judgment it is recited that “in order to bring the grade of said highway to be constructed under said contract to a perfect sub grade the petitioners excavated and removed between header boards in filled sections of said highway 8,585.73 cubic yards;…