would seem to have limited the complaint respecting delay prior to October 16, 1911, to such as was due to defendant's failure to provide granite blocks, but the evidence was not thus limited.


18
In February, 1912, when the granite work had been practically finished, it was ascertained that the foundations had settled, and that there were variations in the foundation work from the specifications as agreed upon between the government and defendant. On March 9th work was suspended by order of the government, pending an investigation which resulted in showing that practically the entire building would have to be underpinned in order to secure a safe foundation. This result was officially communicated to defendant under date March 25, 1912, and a few days later, pursuant to an order oftime of the trial, 'conditions were such that it was impossible for the Guerini Stone Company to continue with their work under the contract.'


19
On March 9, 1912, plaintiff's agent at San Juan was notified by defendant's representative there that the Federal authorities had ordered all work upon the building suspended pending investigation of the foundations. On the same day he wrote defendant's San Juan office asking whether plaintiff's men should be discharged and sent back to the United States, but got no satisfactory reply. Further correspondence upon the same topic led to no result.


20
Meanwhile, the parties had been in disagreement about payments on account. The contract (¶ 12) provided for payment of the contract price 'in monthly payments on account, not to exceed in amount 85 per cent