Both these weights are
multiplied by the area. The lesser aggregate weight is deducted from the
greater, and the difference is divided by the weight of a square foot of
the lightest tiling, thus reducing it to square feet of such lightest
tile. These square feet are multiplied by the price agreed to be paid
by the contract for each superficial foot, and an item of extra work is
determined. Thus additional weight in constructed and finished tiling is
converted, as far as price and measurement are concerned, into finished
tile, which more than doubles the quantity actually laid down.
This can not be right. And yet the bill herewith returned directs the
Secretary of the Treasury to settle this claim for extra work upon
the basis of the report of the experts who have adopted this mode of
adjustment; or, if not satisfied with their report, he shall within
thirty days from the passage of the act cause a reweighing of said
material to be made by two sworn experts, one to be appointed by him and
one by the claimant, and a third to be appointed by these two in case
they can not agree. The bill further provides that he shall then pay
to said Willbur the difference of excess in weight and superficial
measurement as found by said experts between the illuminated tiling and
frames furnished and that contracted for at the contract prices for such
work and material.
There are features of this claim which suggest suspicion as to its
merit.
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