Supreme Court of Kansas June 6, 1908, No. 15,588 (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.