Joseph McKenna

“ On the 28th of July, 1897, the claimant, by leave of the court, filed an amended petition, in which he alleged that he entered into a contract with the board of public works of the District on the 7th of August, 1873, numbered 826, for the improvement of certain streets, and for which he was to receive the prices established and paid by the board for work of similar character. The contract was extended, respectively, on the 17th of September, 1875, and the 3d of December, 1875, to embrace work on other streets. The contract and the extensions filed by the commissioners were referred to. ”

“ It is not necessary to set out at length the objections to the report and those to the rulings of the court in refusing certain findings. We have examined and considered them and are of the opinion that there was no error in the rulings of the court, and the judgment is affirmed. ”

“ The objections to the reports of the referee are untenable. It is impossible, however, to quote the reports without unduly extending this opinion. It is enough to say they were stated to have been founded upon depositions of witnesses and 'original sheets of measurements taken from the field book of the engineer measuring the work.' They exhibited the measurements and the quantity of material in tabulated form. ”