Engineering and architectural jurisprudence: a presentation of the law of construction for engineers, architects, contractors, builders, public officers, and attorneys at law (Google eBook)

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J. Wiley & Sons, 1897 - Architecture - 905 pages
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Contents

Executors Liability on Contracts and for Torts of Party
7
Assignee of Contractor or Owner
8
What Contracts and Claims are Assignable
9
What Interest does an Assignee Take
10
Third Parties Strangers and Beneficiaries
11
Third PartySureties
12
Third Parties Sun ties are Not Liable to Them
13
Changes which will Not Release the Surety
16
Surety Discharged by Other Causes
17
Disabilities to which Persons are Subject
18
Imbeciles Inebriates and Lunatics
19
Married Women
21
Other Conditions Affecting a Persons Capacity to Contract
22
Either Pat ty under Duress
23
Principal should be Made the PartyIf AgentAssumes the Obligation He will be Liable
24
Proof of Agency
25
Names of Parties in Body of Contract should Correspond with Signatures
26
Agents should be Duly Authorized to Contract
27
Public Agents Not Liuble for Bluuders
28
Authority cannot be Inferred from Business or Family Relations
29
Boards Committees and Councils in Their Representative Capacity 80
30
Public Officers are Presumed to Do Their Duty 81
31
Means of Obtaining Information
32
An Agent or Fiduciary can Have No Interest in the Contract
33
Artificial Parties Corporate Bodies 43 Charter and Statute Limitations
34
Other Restrictions to which Corporate Bodies are SubjectCost must Be within the Appropriation or Limit of Indebtedness
36
Appropriation must Not be Exceeded
37
The Legislature or Congress may Ratify the Contract
38
Cases where Appropriation has been Exceeded
39
Unincorporated Organizations as Parlies
40
Second Party Not Named but Determined by His Own Act
42
Charter and Statute Requirements must be Strictly Carried Out
43
No Recovery can be Had for Work and Materials Furnished for Public Work Coutrary to Law
44
Irregularities Need Not be Caused by Contractor
46
Precautions to be Taken by Contractors with Regard to Parties and Their Powers
48
Time when Contract was Made or Entered IntoDay or Date
51
CHAPTER II
54
Consideration in Case of Subscriptions
55
Adequacy of Consideration
56
The Consideration Must Not be Wanting
57
The Consideration must Be Present
59
From Whom Consideration must Come
61
Changes or New Terms in a Contract
62
Consideration Good in Part
63
CHAPTER III
65
The Undertaking must Not Have for its Object the Creation of a Monopoly
71
Immoral Contracts
77
Manner of Coming to an UnderstandingOffer and Acceptance Make a Con
83
CHAPTER V
91
SECTIOK PAOE 106 Contracts for an Interest in Lands
97
Special Agreements Relating to Lands
98
Contracts for the Creation Assignment and Surrender of Estates in Land
99
Application of the Law to Construction Work
100
Statute of Limitation 112 Objects and Reasons for the Statute
102
Disabilities that May Prevent the Operation of the StatutePersonal Dis abilities
103
The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortune
104
Agreements to Waive the Protection of the Statute
105
it Right of Action was Not Known
106
Bad Work Coucenled When under Inspection and Supervision of Engineer
107
Late of Contract Proof of Terms of Collateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Vary or Contradict a Writt...
108
When Parol Evideuce will be Received
110
Parol Evidence to Explain Obscure and Ambiguous Contracts
112
Parties may be Held to the Construction They have Themselves Adopted
113
Witnesses cannot Testify as to the Meaning of a Contract
114
The Intention of Parties should 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 Contractors and Build ers to Make Proposals
122
The Form of Advertisement to be Adopted
123
As Regards the Advertisement or General Notice to Bidders
124
Instructions to BiddersWork is Undertaken by What Authority and under What Restrictions
126
Necessity for Restrictions and Regulations
127
Instructions should Give All Necessary Information to Bidders
129
There must Be Competition in Compliance with the Statute or Charter
130
Public Officers cannot Legalize nor Ratify Void Contracts
131
sections paci 142 The Legislature May Ratify Contracts
132
Labor Laws and Limitations must be Complied With
134
Form of Notice and Instructions
136
Bidders muy be Required to Possess Certain Qualifications 188
139
148a Possibility of the Law Being Used to Escape Onerous Contracts
142
What is Good Evidence of Fraud and Collusion of Public Officers and Ser vants
143
Oath as to Truthfulness of Statements
144
Propriety of Certain Requirements and Restrictions
148
There should be a Standard for Comparison of Bids
149
The Bid should Contain neither More nor Less than is Called for by the Instruc tions Plans and Specifications
150
Contracts Must be Strictly According to Terms of Advertisement Plans and Specifications by which Bids were Invited
152
Right to Make Changes and Alterations Reserved
156
Works Whose Cost Exceeds a Certuiu Amount Within the Statute Charter or Ordinance
157
What Work Comes Within the Statute
158
State or City to Furnish Certain Things at a Specified Price
159
Instances where Coutracts 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 to Insure the Execution of the Contract and Surety for Faithful Performance and Completion of the Work
167
Proposal to be Accompauied 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
Powei 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
Liability of Public Officers for Ministerial Acts
180
Bids Cannot be Recalled
181
What Constitutes an Acceptance of the Proposal or an Award of the Contract
182
Bid to Furnish Materials
185
Form of Proposal for Public Work
186
CHAPTER VII
192
In Absence of Agreement or Pledge Owner may Exercise his Own Preference
193
Implied Agreement to Remunerate Bidder for His Labor or to Award Con tract to Lowest Bidder
194
A CONSTRUCTION CONTRACT ITS PHRASEOLOGY TERMS CONDI
196
There Must be a Clear Reference in the Contract or Specifications One to
202
Ordinances and Regulations Referred to in Contract
208
8KCTIOS VtOK 231 Provision that Written Matter shall Prevail Over Printed Parts
213
Written Matters versm Printed Matters 21S 233 Punctuation
214
Responsibility for Unauthorized Changes by Engineer or Architect between Owner and Contractor
215
Provisiou that Contractor shall Guarantee Sufficiency of Plans and Specifica tions
216
Insufficient Plans and SpecificationsLiability of Either Party to the Other Party
217
Does Owner or Contractor Warrant Sufficiency of Plans?
218
Failure of Structure after Completion Due to Insufficient Plans 2191
219
Contracts foi Completed Structures Distinguished from Agreements for Work and Materials
220
Contractor will be Held to His Guaranty of Sufficiency of Plans and Specifi cations
221
Insufficiency of PlausLiability to Third Parties Injured 22
223
Liability of the State County or Municipal Corporations for the Adoption of Insufficient Plans and Specifications
224
Selection of Plans for Public Works Sometimes Held a Judicial Act 225
225
Liability of City Town County or Stale for want of Care or Skill of Public Officer
226
Provision that Contractor Bhall Have Custody of Plans 22ft 252 Property Rights in Plans as between Engineers or Architect and Owner 22T 253 Prov...
227
An Agreement to Perform Work in a Workmanlike Manner must be Faith fully Executed or no Recovery can be Had
228
Provision that Work shall be Performed and Completed According to the True Spirit Meaning and Intent of the Plans and Specifications 23
230
Provision that Contractor shall Replace Materials Rejected that lie shall Provide Facilities for Weighing Testing and Inspecting Materials that He shall ...
232
Ownership aud Use of Old Materials
233
Property in Materials is Determiud by the Intention of the Parties 2
234
Title to Materials and Plant Delivered upon the Works 23ft 268 Provisiou that Plant shall Be Property of Owner during Progress of Works
236
Provision for the Inspection and Rejection of Inferior Materials and Work
242
Provision that Contractor shall Not Assign or Sublet
248
SECTION PAGE
252
Recovery of Damages Stated may Depend Upon Whether It Is a Penalty
258
Contract of Employment
263
Matters to be Considered in 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
SECTION PAGE
279
Act of Third Party as Engineer or Architect may be Made a Condition Pre
285
Before the Award is Made Agreements to Submit to Arbitration are
291
Parties are Bound after Award is Made
297
No Definite Line ot Separation of Cases for and against Binding Effect
303
Employment or Agency of Engineer or Architect Confers no Special Powers
309
SECTION PAGB 376 Engineer 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 OrdersInstances 3f2 378 The Engineer cannot Promise Ex...
312
Engineer cannot Change Contract and Specifications nor Make New Terms
313
Engineers Powers to Determine Quantities
314
Engineer must Act in Good Faith and Have Strict Regard for the Methods Prescribed in Contract
315
Engineers Power to Determine Quality Character and Classification
317
Engineer cannot Make a New aud Intermediate Classification 31b 386 No Extra Compensation can be Allowed to Relieve Against Hardship 818
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 aud Specifications
322
Prior Promise to Classify Work or Materials in a Certain Way Not Always Binding
323
Engineer to Determine the Value of Work and Materials
324
Provision that Engineer shall Determine Every Question Arising Out of or Pertaining to the Work or Contract
325
Instances in which Engineers Decisions have been Held Not Biuding under a General ClauseExtra Work 826
326
Other Instances Not Covered by a Sweeping ClauseBreach by Either Party 827
327
Engineers Powers when the Contract has been Rescinded or Performed
328
Engineers Powers when Contract has been Modified by Subsequent Agree ments
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 832
332
Engineer to Determine the Meaning and Intention Expressed in the Specifica tion and Contract
334
Engineer should Not be Able to Enlarge bis Own Powers 885
337
English Scotch and American Views
338
Objection that Such a Clause Ousts Courts of Their Proper Jurisdiction Treated
339
Mav Make Payment or Auy Right to an Action Conditioned on the Engineer Determining Any Differences Existing
340
Two Classes of Cases the Distinction between them Well Marked and Defined
341
Payment by Owner Made Contingent on Engineers Certificate
343
Indebtedness 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 Pay by Owner
346
The Condition Precedent may be Waived
347
If Payment of Contract Price is Conditional on Procuring Engineers Certificate It will Hold
349
Language that Makes a Condition Precedent
351
It will Not be Implied 853
353
Right to Require Engineers Certificate may be Waived
354
Under what Circumstances may Contractor Recover without Procuring Engi
358
Fraud aud Collusion must be Alleged and Proven
364
Mistake of Engineer in his Decision or Estimate an Element of Fraud 870
370
A Pure Mistake does not Render Award or Estimate Void but Subject
376
Performance of Condition Precedent Prevented by Failure or Refusal
383
Instances Showing when the Engineers Determinations have been Upheld
390
Provision that Eugiueers Certificate Estimate and Decision may be Made Without Notice to the Contractor
422
Right to a Hearing may be Waived by the Parties
423
Earlier Cases Treated Engineer as an Arbitrator and Required a Hearing
424
In Many Cases an Engineer and Arbitrator are Distinguished 42 3
425
CHAPTER XVII
428
501 Certain Acts may be Delegated
429
503 Certain Duties cannot 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 Contract
446
CHAPTER XIX
448
Certain Matters to be considered in a Submission to Arbitration
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
Conduct of the Hearing
456
Arbitrators must Determine Questions ThemselvesCannot Leave Them to Others
457
The Arbitratois must Act Together
458
Matters Left to Two Arbitrators with Power to Call in an Umpire
459
The Award
460
CHAPTER XX
462
Provision Limiting the Recovery of the Contractor to the Contract Price
464
Provision that Extra Woik shall be Ordered in Writing and the Price Deter mined
465
Provision that Contractor will Not interfere with Oilier Contractors
466
Conditions Precedent to Liability must be Strictly Performed
467
An Unsigned Sketch or Plan is Not a Written Order 4KB 548 Progress Certificates of Work Done are Not Written Orders for Extra Work
468
Want of Written Order may be Cured by Final Certificate if Certificate Par takes of the Nature of an Award
469
English and American Practice Compared
471
Engineers Authority to Direct Alterations Additions or Omissions is Not Authority to Order Extras except in the Manner Required by Contract
472
Without Special Authority the Eugineer or Architect cannot Render His Em ployer Liable for Extra Work
473
Who May Authorize Extra Work or Order Alterations on Behalf of the Parties
475
Ordinances Resolutions and Appropriations cannot be Changed by Memhers of the Bodies Creatine Them
477
The Aots of Individual Members may be Ratified or Adopted by the Board
478
Engineers Authority to Order Extras may be Established by Implication Ratification 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 Rescind should be Supported upou a Sufficient Consideration
484
The Owner City or Company may by Express Agreement on Its Part become Liable for Extra Work though Not Ordered in Writing
486
The Stipulation for a Written Order may be Waived
487
Knowledge of Owner that Contractor is Doiug Work as Extra Work a Strong Factor in Determining the Responsibility
488
If Amount of Work or Materials is Reduced by Changes
490
Effects of Alterations and Change?
492
Changes which Modify or Extinguish the Original Contract
495
Original Coutract Rescinded or Reduced to a Parol Agreement 49i 575 Alterations of Terms of Contract may Change Form of Action by Contractor
497
Effect of Change and Alterations on Liability of Surety
498
Effect of Changes Ordered under a Clause Reserving the Right to Make Alter ations
499
Contractors Rights are Frequently Preserved by Notices on His Part
503
Contractor should Make His Claim foi Extras when the Addition or Alteration is Required
504
Contractor may be Held to the Terms Acquiesced In or Adopted
505
Ownei 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 Unknown
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 Usage
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 Woik Left to Judgment of Engineer or Architect
520
Power to Decide Questions of Extra Work Does Not Imply Power to Deter mine Damnges for Breach of Contract
523
Provision 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 Defined 52ft
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 Uniform
533
Usage must be Generally Known
534
Parties to Contract should Have Knowledge of Usage
535
Knowledge ot Parties of Trade Usages and Customs 636
538
A Practice that Subverts Justice and Is Contrary to Good Morals Is Not a u sage
540
When 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 EarthworksExcavations and Embankments
551
Ownership of MaterialsEffect of Usage
552
Some General Examples of Usage
553
Custom of What Place Controls 55ft
556
Certain Words and Phrases Defined
557
CHAPTER XXII
559
Provision that Contractor shall Give and Serve All Notices
560
Provision that Contractors shall Indemnify Owners for All Claims Costs and Expense
561
City Company or Owner Cannot Escape Liability by Delegating Duties to
574
The Mode Method and Manuer of Doing the Work may be Prescribed in
587
Impossibility of Performance Caused by Act of Owner
600
Destruction of Property when Alterations Improvements or Repairs are being
607
Excavations More Difficult than was Supposed when Contract was Taken
614
A Suspension of the Work will Not Justify Contractor in Abandoning Con
620
Neglect ot Refusal of Owner to Provide Materials Labor Lines Levels
626
Recovery of Prospective Profits
632
69b Contractor must have Made an Honest Effort to Complete his Contract or
637
What will Be a Substantial Performance
643
Specific Performance oi Contract
649
CHAPTER XXVI
655
Agreements that Owner may Terminate Contract are Valid and Binding
661
BBCTIOM paob
666
To Retain Liquidated Damages ihe Discretion to Terminate Contract must
673
Terminating Coutract should Be an Act of Last Retort
679
Provision that Engineer shall Determine what is Due Contractor for Work
685
American and English Decisions Compared
691
Claims of Laborers and Materialmen Disputed by Contractor
697
8KCTI0N PAOl 761 Provision that Contractor shall Furnish a Certificate of Register of Deeds that no Liens 01 Claims have been Filed
698
76? Contractors Covenant Against Liens does not Bui Materialmen and Laborers from Filing Liens
699
Contractor to Execute a Release of All Claims or Demands before Final Pay ineut
701
Liens on Public Buildings
704
Burdens Created upon Property by Unauthorized Agents
705
Provision for Failure to Make Monthly Paymeuts
706
Engineers Certificate should be Made a Condition Precedent to Owners Lia bility
707
Special Provisions as to Payments
708
Provision that Ownei will Pay on Performance of Conditions and Rendering of Engineers Certificate
709
Provision that Progress Certificates shall Not Prejudice Right of Owner or City to Require full Performance of Contract
710
Prevision Fixing Compensation at a Prici per Unit of Measure
711
Provision that All Money Due to Owner may bt Recovered by Action or may be Retained out of Moneys Due to Contractor
712
Provision that Notices may be Sent to Contractors Place of Business
714
What or Is Not a Signature
716
Signed by One Party Onlv
717
lutormai Contracts which are to be Reduce 1 to Writing at some Future Time 71N 798 Execution ol Contract Signed Sealed Witnessed and Delivered
719
Why is Contract in Writing rWhy Signed Sealed and Witnessed 1
720
Term of Service
722
Dismissal or Discharge of an Employee
724
Gross Moral Misconduct Pecuniary or Otherwise
725
Habitual Negligence oi Conduct Calculated to Injure Masters Business
726
Incompeteuce or Incapacity
727
Condonation of Employee s Offense
728
Duty of Discharged Employee to Seek Other Employment 729
729
No Recovery for Extra Work Unless so Agreed
731
What Constitutes ao Employment of an Engineer or Architect?This is Often a Difficult Question 782
732
What Is a Performance of a Contract of Service? 785
735
Recovery for Services Rendered 73ft
736
CHAPTER XXIX
739
Incorporeal Property in Architectural and Engineering DesignsCopyright and Patentright
740
Rights of a Purchaser to Incorporeal Creations
743
Copyright ot Plans and Drawings
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 Employe and Employee
750
CHAPTER XXX
751
That the Employee Possesses Skill is Implied from the Undertaking to Act 752
752
SECTION PAGE
753
Engineer and Contractor or Architect and Builder Jointly and Severally
760
Engineer or Architect must Not Act Fraudulently
767
CHAPTER XXXII
773
Commissioners of Public Works and Their Liability
779
SECTIOK PAOE 853 Engineers or Architects Rights under the Stockholders Liability Acts
788
Compensation for Injuries Received while Riding on a Free Pass
789
Passes are Usually Given for Some Consideration
790
CHAPTER XXXIV
792
Expert must have Regard for the Undertandiug and Knowledge of His Audience
793
Esteem in which Experts are Held by Bench and Bar
794
Biased and Warped Judgments are Not Confined to Professors of Science
795
Experts Are Champions of Their Clients as Well as Attorneys
796
It is the Duty of Every Citizen to Promote Justice
797
The PreparationExpert Witness should Not Only be Informed but He must be Prepared to Convince Others
798
Witness may Use a Book Chart or Prepared Memoranda to Refresh His Memory
800
Use of Written Memoranda and Copies Thereof
802
Use of Maps Plans Photographs and Models in Court
803
Expert Witness should Fortify His Opinions with Authority and Undisputed Facts
805
Trial Court Determines the Privileges of an Expert Witness
806
Behavior of Expert Witness in CourtWhen will Expert Testimony be Ad mitted
807
Some Questions Held Not to Require Experts to Determine
808
Expert cannot Determine Questions which the Jury are to Decide
810
Hypothetical Questions may be Asked of an Expert Witness
811
Witness Acquainted with Facts of Case
812
Weight and Value of an Experts Testimony is Determined by Jury
813
Expert Witness must Not Try to Determine Questions which Determination Is for the Court or Jury
814
Qualifications of an ExpertWho may Be an Expert Witness
815
Witness may Employ Practical Illustrations and Experiments
820
892a Judicial Notice
822
Right to Use Models and Make Tests Rests with Trial Court
823
An Experts Advice to FellowExperts
824
Experts as Assistants in Examination of Witnesses by Attorneys
825
Expert Witness in Civil and Criminal Cases Distinguished
827
Experts Knowledge Experience and Character may be Inquired Into
828

Common terms and phrases

Popular passages

Page 126 - An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories and the District of Columbia.
Page 191 - Company], its successors and assigns, as liquidated damages, for which payment, •well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...
Page 643 - Board, or any right to damages herein provided ; nor shall any waiver of any breach of this contract be held to be a waiver of any other or subsequent breach.
Page 82 - Contracts, vol. 1, p. 389, that "there is no contract unless the parties thereto assent; and they must assent to the same thing, in the same sense.

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