Sartoris

Having a contract with the defendant railroad company for the construction of a tunnel, the defendant construction company subcontracted the job to the plaintiff, A. J. Sartoris. The subcontract is dated November 15, 1922, and incorporates, as defining Sartoris’ rights and obligations, the principal contract; the only difference between the two being a lower rate o"f compensation to the subcontractor, leaving a margin of profit to the Construction Company. Payment was *2 to be made at a stipulated price per linear foot for excavating tbe tunnel, inclusive of tbe necessary temporary timbering, and at a specified rate per cubic yard for the concrete lining in place. Work under the contract was begun November 18,1922, and was fully completed December 11, 1923. Both tbe contractor and tbe subcontractor were paid in full for all concrete installed, and at the contract rate per foot for tbe tunnel, and also for certain small extras in,-respect t.o wbieb there was no dispute. .

Tbe controversy arises in this way: A paragraph in the specifications reads: “Part of tbe tunnel excavation at each end is expected to be in earth formation, and tbe remainder in solid rock, with possibly a short…