Cape Ann Granite Co. v. United States

The plaintiff entered into a contract with the defendant on October 11,1935, for the repairing of jetties at the harbor at Newburyport Harbor, Massachusetts. It sues to recover damages for two alleged misrepresentations by the defendant as to the conditions under which the work was to be performed, and for additional costs incurred by it due to changed subsurface conditions, as alleged, and, lastly, to recover liquidated damages deducted.

The alleged misrepresentations are contained in paragraph 7 of the specifications relating to physical data. This paragraph reads:

The mean range of tide is…