Joseph McKenna

“ It is contended that the circumstances detailed amount to a representation by the United States that the work could be done in the dry, but that it was impossible to so perform it, and that therefore, the resulting expense should be discharged by the government, and that the Court of Claims erred in dismissing the petition.
To these assertions the government opposes denials: (1) There was no misrepresentation. (2) If there were it is not available to the company, since it had investigated conditions before entering into the contract. ”

“ In considering the opposing contentions there must be taken into account certain provisions of the contract. It is therein provided that—
'It is understood and agreed that the quantities given in these specifications are approximately only, and that no claim shall be made against the United States on account of any excess or deficiency, absolute or relative in the same. No allowance will be made for the failure of a bidder or of the contractor to estimate correctly the difficulties attending the execution of the work. ”

“ Owing to the leakage coming through the old Northwest Pier, it was not practicable for excavation to be made in the dry. Notwithstanding, the engineer in charge compelled the work to be done as contracted for, and the company sustained damages in the sum of $366,052.67, for which it prayed judgment. ”