
    WILLIAM C. MURDOCK v. THE DISTRICT OF COLUMBIA.
    (23 C. Cls. R., 464;
    not reported in U. S. R.)
    
      On both parties'1 Appeals.
    
    A contractor seeks to recover $3.20 per square yard for paving at prices established by the Board of Public Works. The defendant seeks to recover back on counter-claim a payment for grading at less than 2 feet; also an allowance made for unforeseen difficulties, where the contract cast that risk upon the contractor.
    The court below decides
    (1) Where a contract prescribes $3.20 per yard as the price, a receipt in full for a payment at $3 can not be held conclusive.
    (2) Where the agreed price per yard for laying pavement is to include “ 2 feet of grading,” and the contractor was paid for grading which did not exceed 2 feet, the defendant may recover it back.
    (3) Where a contract casts upon the contractor “all loss or damage arising out of the nature of the work, or from any unforeseen obstructions or difficulties which may he encountered in the prosecution of the same,” the bad condition of a street necessitating additional material to keep the pavement up to grade is a “difficulty” to be borne by the contractor.
    (4) Where an express contract exists, the officers of a municipal corporation can not pay more than the contract price because of unexpected losses incurred by the contractor, and in an action under the District claims act, 1830, the District may recover back money so paid.
   The decision of the court below is affirmed by a divided court April 23, 1888.  