The
work was to be of a specified thickness and the contractors were to be
paid for the same at certain rates per superficial foot. The approximate
estimate for the entire work was specified at $35,577.56. Samples of the
tiling to be put in were submitted to the Supervising Architect and
accepted by him.
In August, 1874, the claimant entered into an agreement in writing with
Bartlett, Robbins & Co. to do this work as subcontractor for them at
certain prices for each superficial foot of said tiling put in place.
In neither contract was the weight of the tiling mentioned.
The work was, under the contract with Messrs. Bartlett, Robbins & Co.,
completed, and after such completion and the measurement of the work the
said firm of Bartlett, Robbins & Co. were paid by the Government the sum
of $35,217.57, in full satisfaction of their contract with the United
States.
It appears that after the completion of the work the claimant gave
notice to the Government that he had a claim against Bartlett, Robbins &
Co., growing out of said work, for the sum of $8,744.44, and requested
that payment be withheld from said firm until his claim against them was
adjusted.
The fact that said claim had been made having been communicated by the
Supervising Architect to Bartlett, Robbins & Co., on the 22d day of
August, 1876, they responded to the Supervising Architect as follows:
SIR: We inclose copy of our account against Willbur and the Illuminated
Tiling Company and a copy of Willbur's assignment to the Tile Company,
which includes a copy of his agreement with us; and when the Department
settles the measurement of the work the items in the contract will show
just what the amount is, and, as we have repeatedly assured him, he will
have all the measurements the Government gives us.
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