Samuel Freeman Miller

“ It is too plain for argument that the defendant did not agree that if his pavement should need repair within the three years, that the authorities of the district, because he failed to repair, could change the entire character of the pavement from a wooden to a stone or concrete or vulcanite or any other pavement, and place it where the one had been constructed by him, and charge the entire cost of the new and better class of pavement to him. ”

“ His contract was to lay the Miller wood pavement, a patented invention. Of the capacity of this invention for resisting weather and use the board of public works, and not he, took the responsibility. All his material was submitted to the inspection of the plaintiff's engineers, and all his work was done under their eyes, and he could only receive his pay on their certificate of work done and inspected. The language of his agreement is that if any parts thereof-that is, the pavement-'shall become defective from imperfect or improper material or construction,' he will repair. ”