Barnard v. District of Columbia
127 U.S. 409 (1888)

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U.S. Supreme Court

Barnard v. District of Columbia, 127 U.S. 409 (1888)

Barnard v. District of Columbia

No. 272

Argued May 2, 1888

Decided May 14, 1888

127 U.S. 409

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Plaintiff and the Board of Public Works of the defendant entered into a contract by which plaintiff was to do certain work on a street in the City of Washington and receive payment therefor at the rate of 30 cents per cubic yard for grading, and 40 cents per cubic yard for excavation and refilling, to be measured by excavation only. The Board had before then entered in its record and notified its engineer, auditor and contract clerk that for rock excavation contractors should be paid $1.50 per cubic yard in ditches and sewers, and $1.00 per cubic yard in street grading, etc. Plaintiff did his work, was paid at the contract price, and brought this action to recover for rock excavation, claiming that it was outside of the contract.

Held:

(1) That it was not outside of the contract.

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