Dunn v. United States

• The plaintiff, an individual, contracted with the Government to construct abutments, piers, and underpasses on certain United States highways in California. For excavation,, plaintiff was to be paid at specified rates per cubic yard. Paragraph 39 of the specifications, of the contract, quoted in finding 3, provided that, for purposes of payment for excavation, measurement would be made to side slopes of' one to one for common excavation and one quarter to one-for rock excavation:

Provided That, where the character of the material1, cut into is such that it can be trimmed to the required’…