Arthur A. Johnson Corp. v. City of New York

The plaintiff, a subway contractor, is suing the city of New York to recover damages arising out of the construction of a subway under Manhattan avenue in Brooklyn. The complaint sets forth several causes of action based on various claims against the city, all of which were disposed of at the trial except the claim referred to as No. 5, covered by the second cause of action. This claim arose as the result of the increased cost of *667excavation due to the presence in the soil of what is known as “ hardpan.” It is alleged that the presence of hardpan was not shown on supplementary drawing D-15,…