
    COURT OF APPEALS.
    
      Decisions—June Term, 1848
    
    
      at the Court Room in the city of Rochester.
    
    Edmund R. Sherman, plaintiff in error, vs. The Mayor, &c., of the city of New York, defendants in error.
    
      —Judgment affirmed.
    
    Samuel. Sherwood, for plaintiff in error;
    Willis Hall, for defendants in error.
   This was a question, whether under a written contract to pay seven cents per cubic yard for executing the digging and refilling, the lowest price for excavating common earth, the contractor who executed the work, could charge more than the contract price, where it appeared that a portion of the digging was through hard-pan and rock, and worth much more per cubic yard. Held, that the contract price must govern. (Reported, 1 Comstock, 316.)  