Talcott

The facts of this case are, that on the 5th day of March, 1877, plaintiffs entered into a contract with the Board of Harbor Commissioners of the State of California, (at that time and now composed of the defendants) for the construction of certain slips and the making of certain improvements in and about the harbor of San Francisco. That the contract was duly made and entered into with said Board after due proceedings had, the entire Board concurring; that the Board caused specifications of the works to be prepared, under which the contract was. entered into, and caused the same to be advertised and sealed proposals invited. That plaintiffs submitted a bid for the work under and in accordance with said advertisement, and were awarded and received said contract at *291 the price and sum of ninety-six thousand nine hundred and ninety dollars, to be paid. to plaintiffs as in the contract specified ; the last payment to be made on the completion and acceptance of said slips. That in advertising for bids for the contract aforesaid, a material variance occurred between the advertised estimates and the specifications, which rendered a further outlay for the piles and lumber necessary,…