City of Atchison v. Rackliffe

The opinion of the court was delivered by

Mason, J.:

Eackliffe & Gibson constructed a sewer for the city of Atchison under a written contract, one of the provisions of which was that for “rock excavation” they were to receive extra compensation at the rate of $2.40 per cubic yard. They were paid in full except with respect to a claim for 654 yards of rock excavation, which the city denied, contending that the material excavated was not rock, and that in any event the contract made the city engineer the judge of that question and he had so decided. They brought action for the amount in…