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DISTRICT OF COLUMBIA v. CLEPHANE

110 U.S. 212 (1884)

DISTRICT OF COLUMBIA v. CLEPHANE.

Supreme Court of United States.

Decided January 21st, 1884.

Attorney(s) appearing for the Case

Mr. A.G. Riddle for plaintiff in error.

Mr. W.F. Mattingly, Mr. C.C. Cole, and Mr. William A. Cook for defendant in error.

Mr. JUSTICE MILLER delivered the opinion of the court.

The defendant in error made a contract in writing with the Board of Public Works of the District of Columbia in 1872 for the paving of parts of certain streets in the city of Washington with the "Miller wood pavement." In that contract there was the following clause, on which this action is founded on account of its alleged violation by the defendant:

"Ninth. It is further agreed that if at any time during...

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