
    CHOUTEAU’S CASE.
    (9 C. Cls. R., 155; 95 U. S. R., 61.)
    Charles P. Chouteau, surviving partner, et al., appellants, v. The United States, appellees.
    
      On the claimants’ Appeal.
    
    
      A contract for the construction of the monitor Dtlah provides that alterations in the plan may he ordered hy the Government. If they cause additional expense, the Government is to pay for them; if they effect a reduction of cost, itis to he subtracted from the contract price. The Government, without unreasonable delay, orders alterations which prolong the time necessary for doing the contract work. During the period of delay caused hy the extra work, the cost of labor and materials rises, so as to throw a loss upon the contractor. A final payment for the extra work is receipted for in full hy the claimant’s agent. They deny that , their, power of attorney to him authorized him to receipt in full.
    
    The court below holds that the Government, having had the right under the contract to order alterations, Is not liable for the increased cost of labor &e., during the increased period of construction. Judgment for the defendants. The claimants appeal.
    The judgment of the court below is affirmed on the same ground. The Supreme Court also holds that the claimants’ power of attorney was broad enough to authorize their agent to receipt in full for the last payment made for extra wort, so as to conclude the claimants from reopening that account.
   Mr. Justice Miller

delivered tbe opinion of the Supreme Court, November 5, 1877.  