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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Other editions - View all
Common terms and phrases
acceptance according action agent agreed agreement allowed alterations Amer amount arbitration architect authority award bidder binding building cause certificate changes claim clause completion condition consideration construction contract contractor cost court damages decision delay determine direct duties effect employed employer Ency engineer engineer's entitled estimate evidence executed express extra fact final fraud furnished give given held infra interest Iowa labor liable manner Mass materials matter Mayor meaning measure N. W. Rep N. Y. Supp named necessary notice offer officers Ohio owner paid parties payment performance person plans proposal question reasonable received recover reference refusal regard rule Secs signed Smith specifications statute stipulation sufficient supra tion tract unless usage writing written York
Popular passages
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 191 - KNOW all Men by these Presents, That we, are held and firmly bound unto our...
Page 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...
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 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.
Page 187 - ... named has any interest in this proposal or in the contract proposed to be taken ; that...
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...