Borough Construction Company, Respondent v. the City of New York, Appellant

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that a contractor may recover damages for extra work ordered by a municipal representative when the demand is within or debatable under the contract, but not when it clearly exceeds the contract. The court applied this principle to allow recovery for the extra Portland cement but denied recovery for the elevator and lighting, and found the jury’s verdict to have included improper items.