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507 | Slauson v. Racine, 13 Wis. 398 546 Smith v. Boston & Maine Rail599 road, 16 Gray, 521 448

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v. Burnett, 173 U. S. 430
v. Chandler, 3 Gray, 392
v. Havemeyer, 36 Fed. Rep.

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Sigourney v. Wetherell, 6 Met. 553
Sikes v. Hatfield, 13 Gray, 347
Sillars v. Collier, 151 Mass. 50
Simmons v. Richards, 171 Mass. 281
Skaneateles Water Works Co. v.
Skaneateles, 161 N. Y. 154
Slater v. Gunn, 170 Mass. 509
Slattery v. O'Connell, 153 Mass. 94 401

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Somers v. Keliher, 115 Mass. 165 186, 487 Somerville v. Boston, 120 Mass. 574 266, 559 Southern Bell Telephone & Telegraph Co. v. Richmond, 103 Fed. Rep. 31

Southworth v. Smith, 7 Cush. 391 Sparhawk v. Sparhawk, 116 Mass. 315

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Stone v. Sargent, 129 Mass. 503

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CASES

ARGUED AND DETERMINED

IN THE

SUPREME JUDICIAL COURT

OF

MASSACHUSETTS.

FRANK L. ALLEN vs. INHABITANTS OF MELROSE.

Worcester. February 27, 1903.-June 19, 1903.

Present: KNOWLTON, C. J., MORTON, HAMMOND, LORING, & BRALEY, JJ. Contract, Construction, Performance and breach.

In an action by a sewer contractor against a town for compensation for extra work, the plaintiff is not entitled to recover outside of his contract by showing that the working profiles prepared by the engineer of the town, in accordance with which the work was performed; required deeper excavations than those required by the plans referred to in the contract, if the contract provides that the engineer may make alterations in the grade and that any increase in the amount of work thus caused shall be paid for according to the quantity actually done and at the price established for such work under the contract and fixes the prices for excavations much deeper than those required by the profiles on file at the time of the contract, and it appears that the lowering of the grade required by the engineer was within the terms of the power given him by the

contract.

A contract to construct a system of sewers for a town provided that delay on the part of the sewer commissioners in furnishing materials should not give cause for claims for damages but that the time for completing the work should be so far extended as the engineer should judge necessary to compensate for such delay, and that alterations made in the form of the materials should be paid for at the price established for such work under the contract. In an action on this contract, it appeared, that there was a delay on the part of the defendant in furnishing sewer pipe and that the plaintiff was ordered by the defendant's VOL. 184. 1

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