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

Front Cover
J. Wiley & Sons, 1897 - Architects - 905 pages
 

Contents

What Contracts and Claims are Assignable 15 Contracts Awarded to Lowest Bidder may be Assigned
9
What Interest does an Assignee Take
10
Third Parties Strangers and Beneficiaries
11
Third PartySureties
12
Third Parties Sureties are Not Liable to Them
13
Changes which will Not Release the Surety
16
Surety Discharged by Other Causes
17
Persons as Parties Who May Contract 23 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 Party under Duress
23
Principal should be Made the PartyIf Agent Assumes 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
Ayu Vathority must Come from His Principal
29
Other Restrictions to which Corporate Bodies are SubjectCost must
36
Second Party Not Named but Determined by His Own
42
Precautions to be Taken by Contractors with Regard to Parties and Their
48
CHAPTER II
54
The Consideration
60
There must Be a Lawful SubjectmatterThe Promise must Be to Perform
65
The Doing of a Thing by One Party Which He is Already Bound to the Other
66
Contracts that Promote Gambling
71
Immoral Contracts
77
SECTION PAGE 106 Contracts for an Interest in Lands
97
Special Agreements Relating to Lands
98
Statute of Frauds
99
Application of the Law to Construction Work
100
Statute of Limitations 112 Objects and Reasons for the Statute
102
abilities
103
The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortune
104
Contracts for Employment Not to be Completed within a Year
105
New Promises May Interrupt the Ruuning of Statute and Forfeit Its Protec 119 Injury Concealed by Fraud so that Right of Action was Not Known
106
Bad Work Concealed When under Inspection and Supervision of Engineer
107
Law of Contracts Proof of Terms of Collateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Vary or Contradict a Writ...
108
When Parol Evidence will be Received
110
57
111
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
59
129
There must Be Competition in Compliance with the Statute or Charter
130
Public Officers cannot Legalize nor Ratify Void Contracts
131
SECTIONS PACE 142 The Legislature May Ratify Contracts
132
Labor Laws and Limitations must be Complied With
134
Form of Notice and Instructions
136
Bidders may be Required to Possess Certain Qualifications
138
Restrictions which Exclude Certain Persons from Bidding
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 tious 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 Certain 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
61
160
Conditions and Stipulations as to the Performance and Completion of the Monopoly 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 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
62
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 III
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
SECTION PAGE 231 Provision that Written Matter shall Prevail Over Printed Parts
213
Punctuation
214
Responsibility for Unauthorized Changes by Engineer or Architect between Owner and Contractor
215
Provision 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
219
Contracts for 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
Contract to do Work According to Plans and Specifications Implies an Under standing of Them
222
Insufficiency of PlansLiability to Third Parties Injured
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
Liability of City Town County or State for want of Care on Skill of Public Officer
226
Property Rights in Plans as between Engineers or Architect and Owner
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
230
CHAPTER X
232
Provision that Contractor may Take Materials at a Valuation
233
Ownership of Materials in Public Way
234
Title to Materials and Plant Delivered upon the Works
236
Provision for the Inspection and Rejection of Inferior Materials and Work
242
Provision that Contractor shall Not Assign or Sublet
248
Period of Performance Fixed and Working Days Defined
253
The Damages Recovered or Withheld must be Commensurate with the Injury
259
Difficult Construction Casualties etc No Excuse to Relieve from Liquidated
265
LAW OF CONTRACTS
269
Provision that a Certain Per Cent may be Retained for Repairs
275
SECTION PAGE
279
The Subjectmatter
281
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 Mude
297
No Definite Line of Separation of Cases for and against Binding Effect
303
Employment or Agency of Engineer or Architect Confers no Special Powers
309
SECTION PAGE 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
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 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 Specificatious
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 Binding under a General ClauseExtra Work
326
Other Instauces Not Covered by a Sweeping ClauseBreach by Either Party
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
332
Engineer to Determine the Meaning and Intention Expressed in the Specifica tion and Contract
334
Engineer should Not be Able to Enlarge his Own Powers
335
The Contract Creates the Powers of the Engineer or Architect
336
Can the Engineer Interpret the Contract Wrongfully if He Interprets It Honestly?
337
English Scotch and American Views
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 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
A Condition Precedent Must be Expressed It will Not be Implied
353
Right to Require Engineers Certificate may be Waived
354
Under what Circumstances may Contractor Recover without Procuring Engi
358
Fraud and Collusion must be Alleged and Proven
364
Mistake of Engineer in his Decision or Estimate an Element of Fraud
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 Estimate and Decision of Engineer shal be Final and
396
Work Instead of Certificate is Rejected when Engineer bas Goue Wrong
397
Elements of an Arbitration are Wanting when but One Party is Bound by Award
398
Some Reasons why Stipulation should Not be Favored or Upheld Ever
399
The Clauses have Found Little Favor in the Government 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 tract though Certified by Engineer
402
Provision that Inspection and Approval shall Not Relieve Coutractor from His Liability to Furnish Proper Work and Materials
403
Contractors Liability for Defective Work and Materials which have been Inspected Approved and Certified
404
Materials and Work Inspected and Approved by Inspectors
405
Defects Concealed by Fraud or Connivance
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 Certain 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
Can Engineers Certificate be Revised or Corrected after It is Once Rendered
416
Rules as to Correction of Awards by Arbitrators
417
SECTION PAGE 485 Engineers Certificate Analagous to an Award of an Arbitrator
418
Au Engineer or Arbitrator can Do One of Three Things wher He has Made a Mistake
419
If Certificate or Award be Regular and Engineer or Arbitrater has Not been Misled it will Hold
420
Testimony of Arbitrator in Regard to his Award or Certificate
421
Provision that Engineers 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
425
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 439 513 Provision that Gifts Presents and Bribes shall be Sufficient Cause ...
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
MATTERS OF DOUBT AND DISPUTE SUBMITTED TO ARBITRATION The Appointment of Arbitrators and an Umpire SECTION PAGE 519 Pr...
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
What 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 Arbitrators 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 Work shall be Ordered in Writing and the Price Deter mined
465
Provision that Contractor will Not Interfere with Other Contractors
466
Relation of the Subjectmatter and the Consideration
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 takes of the Nature of an Award
469
Provision Relating to Extra Work Alterations and Omissions Ordered by the 550 English and American Practice Compared Owner or Engineer
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 Engineer 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
SECTION PAGE 556 Ordinances Resolutions and Appropriations cannot be Changed by Members of the Bodies Creating Them
477
The Acts 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 upon 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 Örder may be Waived
487
Knowledge of Owner that Contractor is Doing 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 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 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 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 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
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 Work Left to Judgment of Engineer or Architect
520
Power to Decide Questions of Extra Work Does Not Imply Power to Deter mine Damages 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
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 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
540
When Usage will be Admitted to Explain ContractsIt cannot Contradict Usage 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 Brick work
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
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 Works Property and Persons and Expense
561
City Company or Owner Cannot Escape Liability by Delegating Duties to
574
The Mode Method and Manner 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 or Refusal of Owner to Provide Materials Labor Lines Levels
626
Recovery of Prospective Profits
632
Contractor must have Made au Honest Effort to Complete his Contract or
637
What will Be a Substantial Performance
643
Specific Performance of Contract
649
CHAPTER XXVI
655
Agreements that Owner may Terminate Contract are Valid and Binding
661
SECTION PAGE
666
To Retain Liquidated Damages the Discretion to Terminate Contract must
673
Terminating Contract should Be an Act of Last Resort
679
Provision that Engineer shall Determine what is Due Contractor for Work
685
American and English Decisions Compared
691
Claims of Labore s and Materialmen Disputed by Contractor
697
SECTION PAGE 760 Provision that Contractor shall Furnish a Certificate of Register of Deeds that no Liens or Claims have been Filed
698
Contractors Covenant Against Liens does not Bar Materialmen and Laborers
699
Contractor to Execute a Release of All Claims or Demands before Final Pay from Filing Liens
701
Mechanics Lieu Laws of Different States
702
Liens on Public Buildings
704
Burdens Created upon Property by Unauthorized Agents
705
Provision for Failure to Make Monthly Payments
706
Engineers Certificate should be Made a Condition Precedent to Owners Lia bility
707
Special Provisions as to Payments
708
Provision that Owner 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 fuli Performance of Contract
710
Prevision Fixing Compensation at a Price per Unit of Measure
711
Provision that All Money Due to Owner may be Recovered by Action or may be Retained out of Moneys Due to Contractor
712
Provision that Notices may be Sent to Contractor s Place of Business
714
What Is of Is Not a Signature
716
Signed by One Party Only
717
formal Contracts which are to be Reduced to Writing at some Future Time
718
Execution of Contract Signed Sealed Witnessed and Delivered
719
Why is Contract in Writing ?Why Signed Sealed and Witnessed?
720
ENGINEERS AND ARCHITECTS EMPLOYMENT CHAPTER XXVIII
722
Dismissal or Discharge of an Employee
724
Gross Moral Misconduct Pecuniary or Otherwise
725
Habitual Negligence or Conduct Calculated to Injure Masters Business
726
Incompetence or Incapacity
727
Condonation of Employees Offense
728
Duty of Discharged Employee to Seek Other Employment
729
No Recovery for Extra Work Unless so Agreed
731
What Constitutes an Employment of an Engineer or Architect ?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 Engineering DesignsCopyright and Patentright
740
Rights of a Purchaser to Incorporea Creations
743
Rights of an Author Inventor or Designer when in the Employ 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 Employer and Employee
750
CHAPTER XXX
751
That the Employee Possesses Skill is Implied from the Undertaking to Act
752
SECTION PAGE 830 Determination of Skill Possessed or Want of Skill
753
Professional Man must Possess Ordinary Skill and Exercise Ordinary Care
754
Negligence on the Part of an Agent
755
Skill Required of Specialists
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 Jointly and Severally Liable 760
760
Engineer and Architect are Liable to their Employer and to Nobody Else
762
Liability for Acts of Assistants
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
849a Engineers or Architects Knowledge Is the Employers Knowledge
771
CHAPTER XXXII
773
County Officers and Their Liability
774
State Employees Held Liable for Negligence
775
Public Officers and Their Liability upon Contracts Executed for the State
776
Officer or Employee Is Responsible for His False Representations
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
SECTION PAGE 863 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
790
CHAPTER XXXIV
792
Expert must have Regard for the Undertanding 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
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Page 187 - 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 und severally, firmly by these presents.
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 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 392 - 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 602 - 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 711 - 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 575 - ... 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 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 137 - No member of, or delegate to Congress, nor any person belonging to, or employed in, the military service of the United States, is or shall be admitted to any share or part of this contract, or to any benefit which may arise therefrom.

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