Anderson

In this action appellant sought to recover an alleged balance due him under a written contract, and appellee sought recovery of an alleged overpayment.

Appellant submitted a written bid to appellee for the construction of a building in Seattle for $517,588, stating that he would use “wood foundation piles, except for Sections ‘AA’, ‘BB’, and ‘CC (drawing No. 401) under the retaining walls along the south and west lot lines, with precast concrete piles for the remainder of all pile foundations”. The contract was entered into on February 10, 1930.

Article 1 of the contract required the construction to be “in strict accordance with the specifications, schedules, and drawings, all of which are made a part” of the contract. Article 3 of the contract provided that the contracting officer might at any time “by a written order” make changes in the. drawings and specifications, or either. It further provided: “ * * * If such changes cause an increase or decrease in the amount due under this contract, or in the time required for its performance, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. No change involving an estimated increase or…