Welles

In aid of its petition for a rehearing the appellee was permitted to bring before this court certain portions of the record in the court below which were not contained in the transcript on the appeal, the same being certain provisions of the specifications which were referred to and made a part of the contract which was involved. The appellants, answering the petition, object to the consideration of the new matter so brought before us, on the ground that the same was not read to nor brought to the attention of the court below. It is unnecessary to discuss that objection, for in our opinion the new matter so presented is not of such a nature as to affect the decision of the case on the appeal. The provisions of the specification so added to the record are as follows:

Then follow provisions as to the manner in which the contract may he terminated, and the provision that upon such termination the contractor shall forfeit all sums due him under the contract, and that both he and his surety shall he liable upon his bond for all damages caused to the city by reason of his failure to complete the contract. These provisions, in brief, give to the board of public works the option to…