Appellate Division of the Supreme Court of the State of New York November 15, 1922 (Eyre v. Wood)

H. T. Kellogg, Acting P. J.:

The petitioner and the city of Elmira entered into a contract whereby the former agreed to erect a concrete bridge over the Chemung river, and the latter agreed to pay the former therefor a certain lump sum price, plus additional sums, to be reckoned at specified unit prices, for additional quantities of work performed and materials furnished.