District of Columbia v. Clephane

The defendant in error made a contract in writing with the Board of Public "Works of the District of Columbia in 1872 for the paving of parts of certain streets in the city of Washington with the “Miller wood pavement.” In that contract there was the following clause, on which this action is founded on account of its alleged violation by the defendant:

“Ninth. It is further agreed that if at ariy time during the period ,of three years from the completion of the work to be done under this contract any part or parts thereof shall become defective from imperfect or improper material or…