“ We think that the practical construction which the parties put upon the terms of their own contract, and according to which the work was done, must prevail over the literal meaning of the contract, according to which the defendant seeks to obtain a deduction in the contract price. The other items allowed by the court of claims, both to the claimants and the defendant, we think well established upon the facts as ascertained by it. ”

“ In that statement the engineer represented that the contract required the inside sewer face of the stone wall rough-dressed, and a skew-back stone not less than a three-foot six-inch bed, and in length of not less than four feet; and that these requirements of the contract had not been complied with. He, therefore, on this account, recommended a deduction of $8.94 per lineal foot of the sewer. The board of audit audited the account with that deduction from the contract price, in accordance with the statement of the engineer. The claimants received the partial payment under protest. ”

“ The Tiber creek, prior to the year 1871, was a natural stream of water flowing through the city of Washington, and discharging into what was then known as the 'Washington Canal,' on Third street west, between Maine and Missouri avenues, and by that in the Eastern branch. ”