Utah Const. Co. v. United States

(after stating the facts as above). The contention of the plaintiffs in error, that the findings of fact set forth in the statement are wholly unsupported by evidence, cannot be sustained. The testimony is that, before the execution of the contract with Paul, Samuels, vice president and general manager .of the Wattis-Samuels Company, met Paul; that Paul told him 'that he expected to secure material for the weir from the bed of the Sacramento river; that thereafter Samuels investigated the probability of there being sufficient sand and gravel in the bar to build the weir; that Samuels considered the quality of the material and understood that it was to be furnished by Paul and was to be taken from the bed of the river; that Samuels was advised that the deposit would be dredged and thereafter the sand and gravel would be delivered. It also appeared that Paul dredged the sand and gravel and transported them to the site of the weir in barges belonging to the- interveners, towed by the boat of Lindstrom, the relator; that he furnished and operated the derrick barge *24 which was used under the direction and supervision of the contractor; that he also furnished equipment and labor…