¶1This was a question, whether under a written contract to pay seven cents per cubic yard for executing the digging and refilling, the lowest price for excavating common earth, the contractor who executed the work, could charge more than the contract price, where it appeared that a portion of the digging was through hard-pan and rock, and worth much more per cubic yard. Held, that the contract price must govern. (Reported, 1 Comstock, 316.)
4 How. Pr. 442
Sherman v. Mayor
Decided June 15, 1848
New York Court of Appeals · decided 1848-06-15
<p> —Judgment affirmed. </p>
Cited by 1 later decisions — most recently May 1923
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1848-06-15
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