Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law

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J. Wiley & Sons, 1897 - 905 páginas
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Contracts for Personal Skill of Contractor
10
Executor Named in Contract
11
Executors Liability on Coutracts and for Torts of Purty
12
Assignec of Contractor or Owner
13
What Contracts and Claims are Assignable
14
Contracts Awarded to Lowest Bidder my be Assigned
15
What Interest does an Assignee Take
16
Third Parties Strangers aud Beneficiaries
17
Third PartySureties
18
Third Parties Sureties are Not Liable to Them
19
Surety Released by Unauthorized Changes in the Contract
20
Changes which will Not Release the Surety
21
Surety Discharged by Other Causes
22
Disabilities to which Persons are Subject
23
Infants
24
Imbeciles Inebriates and Lunatics
25
Married Women
26
Other Conditions Affecting a Persons Capacity to Contract
27
Either Party under Dures
28
AgencyParties Acting by or through their Agents
29
Principal should be Made ihe PartyIf Agent Assumes the ɔbligation He will be Liable
30
Proof of Agency
31
Names of Parties in Body of Contract should Correspond with Signatures
32
Agents Authority must come from His Principal
37
Charter and Statute Limitations
43
Subscribers to a Project
49
Provision that Work Sball be Carried On as Directed by the Eugineer
51
Precautions to be Taken by Coutractors with Regard to Parties and Their
55
As Regards Consideration
61
BECTION PAGE 72 There must Be a Lawful Subjectmatter The Promise must Be to Perform a Lawful Act
65
Contracts the Effect of Which Is to Influence Public Officers
66
The Consideration must Be Present
67
The Undertaking Must Not be Contrary to Federal or State Laws or in Dis regard of Police Regulations or City Ordinances
68
The Act must Not Be to Commit a Crime or a Misdemeanor or to lujure Others in the Enjoyment of Their Rights
70
The Undertaking must Not Have for its Object the Creation of a Monopoly
71
Contracts Not to Bid or Compete
72
Contracts that Promote Gambling
73
A Man Cannot by Contract Forfeit Certain Rights and Privileges the Protection of Wbich the Law Guarantees
74
76? Coutructors Covenant Aguinst Liens does not Bur Materialmen aud Laborers
76
Immoral Contracts
77
CHAPTER IV
79
There should Be No Misunderstanding
80
To Avoid a Contract Mistake or Misunderstanding must be Showu Conclusively
82
1tract
83
What Is an Offer ?
84
What Constitutes an Acceptance?
85
Contracts Made by Mail or Telegraph
86
Acceptance must Be Unconditional and in the Same Terms as the Offer
87
What Effects a Revocation of an Offer
88
CHAPTER V
91
Statute of FraudsContracts for the Sale of Goods Materials and Merchan dise
92
What is a Sufficient Memorandum of a Sale
93
Contracts to be Performed within One Year
94
Contracts Executed or Completed by Contractor
95
SECTION PAGE 106 Contracts for an Interest in Lands
97
Special Agreemenis Relatiug 19 Launds
98
Contracts for the Creation Assignment and Surrender of Estates in Laud
99
1W 10 Construction Work
100
Statute of Limitations 112 Objects and Reasons for the Stallte
102
Disabilities that May Prevent the Operation of the StatutePersonal Dig abil ties
103
The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortime
104
Agreements to Waive the Protection of the Sialute
105
Injury Concealed by Frand so that Right of Action was Not Known
106
Bid Work Concealed When under Iuspection and Supervision of Engineer
107
Law of Contracts Proof of Terms of Coilateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Viry or Contradict a Writt...
108
When Parol Evidence will be Received
110
Parol Evidence to Expiain Obscure and Ambiguous Contracts
112
Parties may be Hell to the Construction They have Themselves Adopted
113
Witnesses cannot Testify as to the Meaning of a Contract
114
The Intention of Parties shoulıl Control
115
Independent Oral Agreements
117
Subsequent Promises Must be Founded upon a Consideration
118
PART II
120
The Advertisement or Notice to BiddersInvitation to Coutractors and Bu ld
122
The Form of Advertisement to be Adopted
123
As Regards the Arivertisement or General Notice to Bidders
126
Necessity for Restrictions and Regulations
127
ury Information 10 Bidders
129
There must Be Competition in Compliance with the Stilllte or Charter
130
Public Officers cannot Legalize nor Rutify Void Contracts
131
SECTIONS PACA 142 The Legislature May Ratify Cootracts
132
Labor Laws and Limitations must be Complied With
134
Form of Notice and lustructions
136
Bidders may be Required to Possess Ceriain Qualifications 138
138
Restrictious which Exclude Cerlaiu Persons from Bidding 148 There Must be No Cullusion or Other Efforts to Preveut Competition
139
148a Possibility of the Law Beiug Used to Escape Onerous Contracts
142
What is Good Evidence of Fraud and Coilusion of Public Officers and Ser vants
143
Oath as to Truthfuluess of Statements
144
Propriety of Certain Requirements and Restrictions
148
There should be a Standard for Comparisou of Bids
149
The Bid should Contain neither More vor Less than is Called for by the Instruc Lions Plans and Specifications
150
Contracts Must be Strictly According to Terms of Advertisement Plans and
152
Right to Make Changes and Alterations Reserved
156
Works Whose Cost Exceeds a Certain Amount Within the Stutute Charter or Ordinance
157
What Work Comes Within the Statute
158
Slate or City to Furnish Certain Things at a Specified Price
159
Instances where Contracts have been Made for Things in which there Was a Monopoly
160
Conditions and Stipulations as to the Performance and Completion of the Work
161
Conditions and Stipulations as to Performance and Completion of the Work
164
Bond and Certified Check io Ivsure the Execution of the Contract and Surety for Failbful Performance and Completion of the Work
167
Proposal to be Accompanied by Consent of Sureties
168
Information to be Furnished and Conditions to be Imposed when Contract is Executed
169
Acceptance of Proposal and Execution of ContractRight to Reject Bids
170
Power to Determine Responsible Bidder is Discretionary
171
Discretion Must be Exercised in Good Faith
172
Bids Rejected but Reconsidered Without a New Advertisement
173
Whether Lowest Bidder can Compel an Award to Himself
175
Public Officer may be Enjoined from Illegally Awarding Contract
176
What Remedies a Bidder May Have
177
Liability of Public Officers for Acts Discretionary or Quasi JudicialMisdeeds in Awarding the Contract
179
Liabiliiy of Public Officers for Ministerial Acts
180
Bicis Cannot be Recalled
181
What Constitutes an Acceptance of the Proposal or an Award of the Contract
182
Bid to Furpish Materials
185
Form of Proposal for Public Work
186
CHAPTER VII
192
In Absence of Agreement or Pleilge Owner may Exercise his Own Preference
193
Implied Agreement to Rumuneraie Bidder for His Labor or to Award Con tract to Lowest Bidder
194
CHAPTER III
196
Auother form of Introduction
197
Contract may Consist of Two or More Written Instruments
203
Reference to Maps in Deeds and Other Forms of Conveyancing
209
Contractor to Execute a Release of All Claims or Demands before Fiual
212
CHAPTER IX
230
Coritractors Bund to Pay All Claims for Materials and Labor Furuished
232
SECTION PAGE
236
Provision for the Inspection and Rejection of Inferior Materials and Work
242
Provision that Contractor shall Not Assign or Sublet
248
Provision that Work shall be Carried On as Directed by Written Orders of
252
Recovery of Damages Stated may Depend Upou Whether It Is a Penalty
258
Matiers to be considered iu Determining the Amount of Liquidated Damages
264
Delay Occasioned by the Fault of the Owner
270
If Works Are in a State of Good Repair after a Certain Time Owner will
276
or Company
280
Work to be Doue to the Satisfaction and Approval of Engineer or Architect
283
Owners Liability Depends upon His Promise to Pay and Not upon the Execu tion of the Work
284
Act of Third Party as Engineer or Architect may be Made a Conditiou Pre cedent to Owners Liability
285
Constitutionality of the Stipulation
286
Liability may be Postponed until after the Determination of Certain Facts
288
Is the Agreement a Submission to Arbitration ?
290
Before the Award is Made Agreements to Submit 10 Arbitration are Re vocable
291
Either Party is Liable for a Breach of His Agreement to Submit to Arbitra tiou
292
Agreement to Submit to Arbitration is Irrevocable after Award is Made 29
293
Consideration of Objections 10 the Submission of Questions to Engineers or Architects Determination
295
Make Liability of Company or Owner Contingent on Determination of En gineer
296
Parties are Bound after Award is Made
297
Stipulation does Not Leave Decision of Important Questions to Incompetent Persons
298
Difficult Legal Questions do Arise Without Doubt
299
Practical Commonsense Reasons for Upholding Such a Stipulation
300
Interest of the Engineer an Objection to His Serving as an Umpire
301
No Definite Line of Separation of Coses for and agaiust Binding Effect of Engineers Decision
303
CHAPTER XIII
305
A Faulty Introduction
306
Powers are Confined to Those Expressly Couferred by the Contract
307
Employment or Agency of Engineer oi Architect Confers vo Special Powers mpon Him
309
Power to Supervise Direct the Work and Order Changes and Deermine all Questions does not Authorize Him to Do Anything Not Expressly Provide...
310
SECTION PAGE 376 Eogineer cannot Pledge His Employers Credit to Pay Subcontractors or Workmen
311
Ratification of Engineers Orders may be Imp ied from Acquiescence or Adop tion of Prior OrdersIuslauces
312
Eugineer capuot Change Contract and Specitications por Make New Terms
313
Engiveers Powers to Determine Quantities
314
Engineer must Act in Good Faith and Have Strict Regard for the Methods Prescribed in Contract
315
Engineers Power 10 Determine Quality Character and Classification
317
Eugineer cannot Make a New and Intermediate Classification
318
English and American Decisions Compared
319
Powers to Determine the Sufficiency and Skill with which Work is Per formed
320
Powers of Engineer or Architect may be Extended by Other Clauses so as to Permit Some Deviations from Plans and Specitications
322
Prior Proinise to Classify Work or Materials in a Certaiu Way Not Always Binding
323
Engineer to Determine the Value of Work and Materials
324
Engineer to Determine Questions in Regard to Additions Omissions and 393 Provision that Engineer shall Determine Every Question Arising Out of ...
325
Instances in which Engineers Decisions have been Held Not Biuding under a General ClauseExtra Work
326
Other Instances Not Covered by a Sweeping ClauseBreach by Either Party
327
28
329
Many Cases Hold that Agreements for Changes and Alterations are Subject to Engineers Determination Same as for Work Under Contract
330
Engineers Power to Determine all Questions may Sometimes be Limited by Specializing
332
Engineer to Determine the Meaning and Iutention Expressed in the Specifica tion and Contract
334
Engineer should Not be Able to Enlarge_bis Own Powers
335
The Contract Creates the Powers of the Engineer or Architect
336
Can the Engineer Interpret the Coutract Wrongfully if He Interprets It Honestly?
337
Necessity and Propriety of Such Clauses
338
Objection that such a Clause Ousts Courts of Their Proper Jurisdiction Treated
339
May Make Payment or Any Right to an Action Conditioned on the Engineer Determining Any Differences Existing
340
Two Classes of Cases the Distinction bei weep them Well Marked and Defined
341
Payment by Owner Made Contingent on Engineers Certificate
343
Indebteduess should be Created by Promise Only and Not by Performance of Work
344
Courts Unwilling to Construe the Stipulation a Condition Precedent
345
Make the Engineers Certificate a Condition Precedent to the Promise to Puy by Owner
346
The Condition Precedent may be Waived
347
Payment of Contract Price is Conditional on Procuring Engineers Certificate It will Hold
349
Language that Makes a Condition Precedent
351
A Condition Precedent Must be Expressed It will Not be Implied
353
Right to Require Engineers Certificate may be Waived
354
Elements of an Arbitration are Wanting when but Ove Party is Bound by Award
398
Some Reasons wby Stipulation should Not be Favored or Upheld Ever
399
The Clauses have Found Lillle Favor in the Goverument Departments in other Cities or with Other Corporations
400
Modified Forms of the New York Clauses Are in Use
401
Right to Revise Estimates or to Require Work to be Done According to Con truct though Certified ry Engineer
402
Provision that Inspectiou and Approvil shall Not Relieve Coutractor from His Liabiliy to Furnish Proper Work and Materials
403
Contractors Liability for Detective Work and Materials which have been Inspected Approved and Certified
404
Materials and Work Inspected and Approved by Inspectors
405
Defects Concealed by Fruud or Convivance
406
CHAPTER XVI
408
Its Form and What It should Contain
409
Certificate must be Made and Executed in Strict Conformity with the Re quirements of Contract
410
Certificate must be Ceriain as to Amount and It should be complete
411
Parties should Agree as to Form and Matter of Certificate
412
Certificate must Meet Requirements of Contract
413
Certificate Good in Part and in Part Bad
414
Certificate should be Final and Complete when Rendered
415
4? Can Engineers Certificate be Revised or Corrected after It is Once Rendered
416
Rules as to Corr ciion of Awards by Arbitrators
417
SECTION PAO 485 Engineers Certificate Analagous to an Awara of an Arbitrator
418
An Engineer or Arbitrator can Do One of Three Things wher He bas Made a Mistake
419
If Certificate or Award be Regular and Engineer or Arbitratcr has Not been Misled it will Hold
420
Testimony of Arbitrator in Regard to his Award or Certificate
421
Provision that Engiveers Certificate Estimate and Decision may be Made Without Notice to the Contractor
422
Righi to a Hearing may be Waived by the Parties
423
Earlier Cases Treated Engineer as an Arbitrator avd Required a Hearing 42+ 496 In Many Cases an Engineer and Arbitrator are Distinguished
425
Intention of Parties in Regard to Hearing should be Expressed
426
CHAPTER XVII
428
Certain Acts may be Delegated
429
Certain Duties canuot be Delegated except by Express Agreement
430
The Engineer must Do Whatever the Contract Expressly Requires of Him
431
Contract Clause Permitting Delegation of Engineers Duties Omitted
432
Engineer Not Properly Designated
433
Delegation of Duties by Engineer as a Public Officer
434
CHAPTER XVIII
435
The American and English Courts Agree as to Interest an Engineer can Have in His Company
436
Moral Obligation of Engineer Forbids any Secret Interest
438
Provision that Contract may be Rescinded if the Engineer o Any Officer of the City or Company is Interested in the Contract
439
Profits Made by an Engineer or Agent in the Conduct of His Employers Busi ness Belong to the Employer
443
Conspiracy or Collusion Between Contractor and Engineer
444
Engineer should Be a Disinterested Person and the Agent of Neither Party
445
Company or Owner may Employ an Engineer Known to be Interested in the
446
Provision that Estimale and Decision of Engineer shali be Fival and
447
MATTERS OF DOUBT AND DISPUTE SUBMITTED TO ARBITRATION SECTION PAGE The Appointment of Arbitrators and an Umpire 519 Pr...
448
Certain Matters to be considered in a Subinission 10 Arbitratiou
449
What Questions may be Submitted to Arbitration
450
What Parties may Act as Arbitrators
452
Wbat Constitutes a Submission to Arbitration
453
A Submission to Arbitration should be Distinguished from an Appraisal
454
What Rules Govern the Arbitration
455
28 Conduct of the Hearing
456
29 Arbitrators must Determine Questions ThemselvesCannot Leave Them to Oihers
457
The Arbitrators must Act Together
458
Mailers Left to Two Arbitrators with Power to Cali iu an Umpire
459
The Award
460
CHAPTER XX
462
37 Express Waiver of All Claims for Extra Work
464
Provision that Extra Work shall be ordered in Writing and the Price Deter mined
465
Provision that Contractor will Not Interfere with Other Contractors
466
Conditions Precedent to Liability must be Strictly Performed
467
An Unsigned Sketch or Plan is Not a Written Order
468
Want of Written Order may be Cured by Final Certificate if Certificate Par lakes of the Nature of an Award
469
English and American Practice Compared
471
Engineers Authority to Direct Alterations Additions or Omissions is
472
Authority to Order Extras except in the Manner Required by Contract 472 553 Without Special Authority the Engineer or Architect cannot Render H...
473
Who May Authorize Extra Work or Order Alterations on Behalf of the Parties
475
SECTION PAGE 556 Ordinances Resolutions and Appropriations cannot be Changed by Members of the Bodies Creating Them
477
Tlie Acts of Individual Members may be Ratified or Adopted by the Board
478
Engineers Authority to Order Extras may be Established by Implication Ratificatiou or Adoption
479
Liability for Extra Work may be Assumed by a New or Supplemental Agree ment
482
Simple Contracts and Those Under Seal may be Changed by Parol
483
The Agreement to Waive or Resciod should be Supported upou a Sufficient Consideration
484
The Owner City or Company may by Express Agreement on Its Part become Liable for Exira Work though Not Ordered in Writing
486
The Stipulation for a Written Order may be Wrived
487
Kuowledge of Owner that Contractor is Doiug Work as Extra Work a Strong Factor in Determining the Responsibility
488
If Amonnt of Work or Materials is Reduced by Changes
490
Effects of Alterations and Changes
492
Changes which Modify or Extinguish the Original Contract
495
Original Contract Rescinded or Reduced to a Parol Agreement
496
Alterations of Terms of Contract may Change Form of Action by Contractor
497
Effect of Change and Alterations ou Liability of Surety
498
Etfcct of Changes Ordered under al Clause Reserving ihe Right to Make Alter ations
499
Contractors Rights are Frequently Preserved by Notices on His Part
503
Contractor should Make His Claiin for Extras when the Addition or Alteration is Required
504
Contractor may be Held to the Terms Acquiesced In or Adopted
505
Owner may Waive his Rights by Remaining Silent and Not Objecting
508
Instances where Changes have been Made
509
Owners Liability for the Cost of Extra Work Caused by Circumstances Un foreseen and Uukuown
511
Alterations and Additions an Excuse for Delay in Completing Works
513
More Expensive Material Ordered and Furnished than the Contract Required
514
Provision that Estimates are Approximate Only and that Proprietors shall Not be Responsible for Inaccuracies
516
Preliminary Estimate of Work Incorrect
517
Extra Work Determined by Custom and Usnge
518
Provision that Engineer or Architect shall Have Power to Determine whether Work is or is Not Included in the Contract
519
Quantity Character and Value of Extra Work Left to Judgment of Engineer or Architect
520
Power 10 Decide Questions of Extra Work Does Not Imply Power to Deter mine Damages for Breach of Contract
523
Provisior that Questions and Doubts with Regard to Extras shall be Submit ted to Arbitration
524
Provision that Disputes as to Extra Work shall be Referred
525
Limits of Work Not Properly Detined
526
Estimates of Quantities of Work and Materials
528
CHAPTER XXI
530
Peculiar Effect of Custom and Usage
531
What may Constitute a Usage
532
Usage must be Certain and Uviform
533
Usage must be Generally known
534
Knowledge of Parties of Trade Usages and Customs
536
A Usage must be Moral
538
A Practice that Subverts Justice and Is Contrary to Good Morals Is Not a Usage
540
Wh v Usage will be Admitted to Explain ContractsIt cannot Contradict Express Terms of Contract
542
Usage can be Employed to Explain an Ambiguous Contract
543
There must be Ambiguity which Question the Court must Decide
545
Instances in Brickwork
546
Instances in Stonework
548
Instances in Plastering
550
Instances in Earth works Excavations and Embankments
551
Ownership of MaterialsEffect of Usage
552
Some General Examples of Usage
553
Custom of Whai Place Controls
556
Certain Words and Phrases Defined
557
CHAPTER XXII
559
Provision that Contractor shall Give and Serve All Notices
560
Provision that Contractors shall Ivdemnify Owners for All Claims Costs and Expense 636 Provision that Contractor shall Indemnify Owner and Save ...
561
A Man must Maintain His Property in a Reasonably Safe and Proper Manner
568
City Company or Owner Cannot Escape Liability by Delegating Duties to
574
The Relation of Independent Contractor is Not Determined by the Term
581
The Mode Method and Manver of Doing the Work niay be Prescribed in
587
Interpretation of Certain Contract Clauses
594
SECTION PAGE
598
Destruction of Works Does Nrt Excuse Failure to Complete by a Specified
605
Work Destroyed which was to be paid for as It Progressed
611
CHAPTER XXIV
617
Abusive Conduct of Owner may be a Just Cause for Abandonment by Con
625
Work only Partly Performed which was to be Completed for a Lump Sum
631
Contractor Fails to Perform His Rights and Liabilities
636
What will Be a Subsiantial Performance
643
Specific Performance of Contract
649
CHAPTER XXVI
655
Agreements that Owner may Terminnte Contract are Valid and Binding
661
1
692
Contract
693
Provision that Contractor shall Protect Work and Premises from Lirus
698
Liens on Public Buildings
704
Provisiou that Progress Certificates shall Not Prejudice Right of Owner or City
710
What I or Is Not a Signature
716
PART IV
722
Dismissal or Discharge of an Employee
724
25
726
Incompetence or Incapacity
727
Condonation of Employees Offense
728
Duty of Discharged Einployee to Seek Other Employment
729
No Recovery for Extra Work Unless so Agreed
731
un Employmeni of an Engineer or Archiiect ?This is Often a Difficult Question
732
What Is a Performance of a Contract of Service ?
735
Recovery for Services Rendered
736
CHAPTER XXIX
739
Incorporeal Property in Architectural and Evgineering DesignsCopyright and Patentright
740
Rights of a Purchaser to Incorporeal Creations
743
Rights of an Author Inventor or Designer when in the Emplos of Another
744
Things Made or Created Outside of Office Hours
746
Employees Right to His Inventions
747
What Is Invention and Who Is the Inventor ?
748
Instances of Invention between Eurployer and Employee
750
1
751
That the Employee Possesses Skill is Implied from the Undertaking to Act
752
SECTION PAGE 830 Deterniipatiou of Skill Possessed or Want of Skill
753
Professional Man must Possess Ordinary Skill and Exercise Ordivary Care
754
Negligence on the Part of an Agent
755
Skill Required of Speciulists
756
Owner may Offset His Damages Against Sum Due Engineer or Architect for Services
757
Architect or Engineer must Give Such Careful Superintendence and Inspec tion as to Prevent the Contractor from Making Material Omissions and Va...
758
Engineer and Contractor or Architect and Builder Joiutly and Severally Lisible
760
Engineer and Architect are Liable to ibeir Employer and to Nobody Else
762
Liability for Acts of Assistauts
763
CHAPTER XXXI
764
Attempts have been Made to Discriminate between Judges in Court and Judi cial Officers
765
Engineer or Architect must Not Act Fraudulently
767
Engineer is Liable to His Employer when He may Not be Liable to Con tractor
768
Engineer or Architect may Owe a Double Dnty to His Employer viz as an Arbitrator and a Professional Man
770
819a Engineers or Architects Knowledge Is the Employers Knowledge
771
e or Superior Officers 442
773
County Officers and Their Liability
774
State Employees Held Liable for Negligence 075
775
Public Officers and Their Liability upon Contracts Executed for the State
776
LAW OF CONTRACTS
777
Commissioners of Public Works and Their Liability
779
CHAPTER XXXIII
783
If Architect or Engineer Supervises and Directs Work He may Have a Lien in Some States
784
ror Architect must Not Act Fraudulently
792
of a Public Officer
855
Engineers Compensation
902
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Página 92 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Página 396 - And it is hereby expressly agreed and understood by and between the parties hereto that the said parties of the first part, their successors and assigns, shall not, nor shall any department or officer of the city of New York, be precluded or estopped by any return or certificate made or given by any engineer, inspector...
Página 608 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Página 717 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Página 191 - KNOW all Men by these Presents, That we, are held and firmly bound unto our...
Página 338 - Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by , and decision shall be final and conclusive...
Página 97 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto...
Página 581 - ... care of the person employed : but neither the principle of the rule, nor the rule itself, can apply to a case where the party sought to be charged does not stand in the character of employer to the party by whose negligent act the injury has been occasioned.
Página 187 - ... named has any interest in this proposal or in the contract proposed to be taken ; that...
Página 108 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...

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