Davey v. City of Big Rapids

The plaintiff brought suit in assumpsit upon a contract entered into with defendant to build the substructure of the “Upper. Bridge” (so called) across the Muskegon river.

The defendant pleaded the general issue, and gave notice that, after the signing of the contract, it was changed by mutual consent in this: That the plaintiff should build but one ice-breaker instead of two, and receive pay for building but one; that in pursuance of such agreement he built but one. Also that, before this suit was commenced, and on March 4, 1889, the plaintiff presented to the common council of said city of…