Braky, J.: The specifications forming a part of the contract between the parties hereto contained the following statement:
*251" Quantities estimated are as follows : 2,000 cubic yards of sand; 3,000 cubic yards of broken stone, for concrete; 5,000 cubic ya'rds of riprap stone, for foundation, more or less." By tbe contract, tbe plaintiff was to furnish " all the sand and broken stone, of tbe quabty and quantity, in tbe manner and under tbe conditions specified. And it was further agreed by tbe plaintiff and tbe defendants, tbat tbe debvery of tbe material should be commenced at such time and carried on in such quantities, and debvered at such points as should be directed by tbe engineer."
It was also provided tbat if tbe plaintiff failed to deliver, tbe defendants should have tbe power to purchase such quantity of material as might be necessary to fulfill tbe contract, or such part as tbe engineer might deem necessary.
It wib be perceived tbat tbe quantities named in the- specifications are estimates only, and might be enlarged by tbe proper requisitions ; they were, in fact, increased beyond tbe estimate, and tbe bills for them paid without objection. • They were stih increased, and tbe plaintiff, yielding to tbe case under tbe contract, debvered upon tbe requisitions made, which it is conceded were ab regular. Tbe property thus obtained from tbe plaintiff, was used for tbe objects contemplated by tbe contract, when it was entered into, and there is, therefore, no charge of fraud or cobusion.
Tbe case finds no elucidation from adjudication on tbe subject of what is embraced within tbe words " more or less," because tbe defendants enlarged their signification, both by tbe acts of their officers, and tbe satisfaction of such acts which resulted from tbe payment for tbe quantities in excess, debvered, and tbe plaintiff assented. There was no dispute.
Tbe quantity, as suggested, was an estimate only; and, clearly, tbe plaintiff would be bound, under tbe contract, to dehver ab tbat was necessary to fulfbl bis contract, or such part thereof as tbe engineer might deem neeessary.
Tbe contract provided for disputes as fobows : To prevent ab disputes and btigation, it is further agreed by and between tbe parties to this contract, tbat tbe said engineer shah in ab cases determine tbe amount *or tbe quantity of material which is to be paid for under this contract;' and be sbab determine ab questions as to tbe quabty and dimensions of tbe same; and be sbab in ab cases decide *252every question .which may arise relative to the execution of this contract on. the part of said contractor; and his estimates and decision shall be final and conclusive.
And for the various quantities delivered the plaintiff had the certificate of the engineer, and that of the commissioners of the department of docks and of the department of public works, in reference to these additional quantities lawfully employed in the service of the city. The defendants,