Stephen Johnson Field

“ There are many articles in commerce whose value is greatly increased by a small augmentation in size, and they are consequently sold at a cumulative price, as their dimensions are enlarged. Plate-glass is one of them; diamonds are another. Such increased value arises either from the greater rarity of the article of the larger size, or the greater difficulty in its production or transportation. The cumulative character of the price in the present case is not exceptional, for the reasons mentioned, that the difficulty and expense of moving the blocks increase with their size. ”

“ The difficulty of preparing and moving blocks weighing several tons is very much greater than that of preparing and moving an equal quantity of stone is small blocks; and the expense of time and labor must, of course, be proportionately greater. ”

“ The clause of the contract in question, upon the interpretation of which the determination of this case must depend, divides the stones to be delivered into two classes,-those whose dimensions do not exceed twenty cubic feet, and those whose dimensions do exceed that number of cubic feet. ”