Farub Foundation Corp. v. City of New York

Plaintiff contracted with defendant municipality to fill with grout the voids or faults under certain subway platforms. The contract was let by public bid based on defendant’s plans and specifications. Payment was to be measured by the quantities of materials used and the contract contained a schedule of approximate quantities of materials as estimated by the City’s engineers. The estimate was based on investigations and tests made by said engineers. The plaintiff (in next to the last paragraph of the “ general clauses ” of the agreement, at page 31 thereof) represented that necessary…