Howard v. Harvard Congregational Society

This is an action brought to recover a balance which the plaintiffs claim to be due upon a building contract, and presents the question, whether the removal from the cellar of a ledge of. rock which was not discovered until the cellar had been partly excavated was required to be done by the plaintiffs under the specifications, which are a part of the contract.

The specifications, so far as material to this question, provide as follows:

"Excavations

“ Remove all soil, earth and stones from an area about 64' 0" X 66' 0" to a depth of 10' — 6" below top of present old underpinning, to form a…