William R. Day

“ It appears that on the 25th of August, 1902, the United States called for bids for dredging in San Pablo bay. On September 30, 1902, Axman submitted his proposal to furnish all the plant, labor, and materials for the work. On November 21, 1902, a written contract was entered into between Axman and the United States for the work. Axman was to do such dredging in the bay as might be required by the government engineer, in accordance with certain specifications, for the sum of 11.44 cents per cubic yard. ”

“ All of the opinion evidence offered by the government was received by the court under objection, and at the conclusion of the case ruled out, and the jury instructed to render a verdict for the defendants. ”

“ The government, on the ground that Axman had failed to comply with the requirements of the specifications, proceeded under the provisions of paragraph 4, wherein it will be seen it was stipulated that the United States might have the right to recover from the party of the second part whatever sums might be expended by the party of the first part in completing the contract. ”