Montrose Contracting Co. v. County of Westchester

MANTON, Circuit Judge.

Below, a judgment was entered on the first cause of action for a balance of the contract price due appellant, and no appeal is taken therefrom. The second cause of action is for damages for breach of contract, said to have resulted by reason of erroneous representations contained in a contract, plans, and specifications for tunnel work necessary in constructing a sewer.

The parties contracted for the construction of a 78-inch sewer in a tunnel approximately 2 miles long, at an average depth of about 40 feet, beneath the streets of the city of Yonkers, Westchester county.…