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 - Architects - 905 pages
 

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Contents

Wbat Contracts and Claims are Assignable
9
Wbat Interest does an Assignee Take
10
Tbird Parties Strangers and Beneficiaries
11
Third PartySureties
12
Third Parties Sureties are Not Liable to Tbem
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
Iin beciles Inebriates and Lunatics
19
Married Women
21
Oiher Conditions Affecting a Persons Capacity 10 Contract
22
Either Party under Dures
23
Principal should be Made the PartyIf Ageni 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
dit boler Ollects are presumed to Do Their Duty
31
Appropriation must Not be Exceeded
37
Charter and Statute Requiremeuts must be Siricily Carried Out
43
Time when Contract was Made or Entered IntoDay or Date
51
The Consideration Must Not be Wanting
57
Consideration Good in Part
63
Lawful Act
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
83
CHAPTER V
91
SECTION PAGE 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
Applicatiou of the Law to Construction Work
100
Statute of Limitations 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 Stalute
105
Injury Concealed by Fraud so tbxit Right of Action was Not Known
106
Bild Work Concealed When under Inspection and Supervision of Eugineer
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
Parol Evidence to Explaiu 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 Wbat 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 por Ratify Void Contracts
131
A Contractor cannot Recover under a Void or Illegal Contract
132
Labor Laws and Limitations must be Complied With
134
Form of Notice and Iustructions
136
Bidders may be Required to Possess Certain Qualitications
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 aud Coilusion 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 por Less than is Called for by the Instruc cious Plans aud Specifications
150
Contracts Must be Strictly According to Terms of Advertisement Plans and Specifications by wbich Bids were In vited
152
Right to Make Changes aud Alterations Reserved
156
Works Whose Cost Exceeds a Certain Amount Within the Stutute 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 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 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
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
Wbether 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 Furdish Materials
185
Form of Proposal for Public Work
186
Make such Requirements as he Pleases 132
192
In Absence of Agreement or Pledge Owner may Exercise his Own Preference
193
Iinplied Agreement to Remunerate Bidder for His Labor or to Award Con tract to Lowest Bidder
194
CHAPTER XIX
196
Another 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
SECTION PAOE 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 Speciti carious
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 Insuficient 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 oi Skill of Public Officer
226
Property Rights in Plans as between Engineers or Architect and Owner
227
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 Valuntion
233
Ownership of Materials in Public Way
234
Title to Materials and Plani 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
SECTION PAGE
252
Recovery of Damages Stated may Depend Upon Whether It Is a Penalıy
258
Matters to be Considered in Determining the Amount of Liquidated Damages
264
Dery 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 PAGR 339 Grounds upon which the Stipulations are Attacked
279
Does Such a Stipulatiou Coutain the Essential Features of a Binding Coutract or those of a Condition ? Work to be Done to the Satisfaction of Owner ...
280
Work to be Doue to the Satisfaction and Approval of Engineer or Architeci
283
Owners Liability Depends upon His Promise to Pay and Not upon the Execu tion of the Work
284
Constitutionality of the Stipulation
286
Liability may be Postponed until after ibe Determination of Certain Facts
288
Is the Agreement a Submission to Arbitration ?
290
Before the Award is Made Agreements to Submit to Arbitration are Re vocable
291
Either Party is Liable for a Breach of His Agreement to Submit to Arbitra tion
292
Agreement to Submit to Arbitration is Irrevocable after Award is Made
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 Cases for and against 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 Eugineer oi Architect Confers no Special Powers upon Him
309
Power to Supervise Direct the Work and Order Changes and Determine all Questions does not Authorize Him io Do Anything Not Expressly Provide...
310
SECTION PAGE 376 Engiveer 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 Orderslustauces
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 lutermediate Classification
318
English and American Decisions Compared
319
Powers to Determine the Sufficieucy and Skill with which Work is Per formed
320
Powers of Engineer or Architect may be Extended by Other Clauses so as 10
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
Provisiou 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 Instances Not Covered by a Sweeping ClauseBreach by Eithei 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 Engine r or Architect
336
Can the Engineer Interpret the Coutraci 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 Eugineers 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
SECTION PAGE
357
426a Difficulties Mei in an Action at Law
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 shalt be Fival and
396
Work Instead of Certificate is Rejecied wben Eugineer bas Goue Wrong
397
Elements of an Arbitration are Wanting when bul 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 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 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 wbich 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
Au Engineer or Arbitrator cun Do One of Three Things when He has Made a Mistake
419
If Certificate or Award be Regular and Engineer or Arbitrator has Not been Misled it will Hold
420
Testimony of Arbitrator in Regard to his Award or Certificate
421
Provision that Engineers Certificate Estimate avd 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 Cascs av Evvincer and Arbitrator are Distinguished
425
Intention of Partie in Regard to Hearing should be Expressed
426
CHAPTER XVII
428
Certain Acts may be Delegated
429
Certain Duties cannot be Delegated except by Express Agreement
430
The Engineer must Do Whatever the Contracı Expressly Requires of Him
431
Contract Clause Permitting Delegation of Engineers Duties Omitled
432
Engineer Not Properly Deignated
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 i 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 Subinission 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 Distiuguished from an Appraisal
454
What Rules Govern the Arbitration
455
28 Conduct of the Hearing
456
Arbitrators must Determine Questions ThemselvesCannot Leave Them to Oibers
457
The Arbitrators must Act Together
458
Matters Left to Two Arbitrators with Power to Cali in ap Umpire
459
The Award
460
EXTRA WORK OR EXTRAS ALTERATIONS ADDITIONS OMISSIONS AND BISTITUTIONS Extra Work 01 Extrus Stipulations to Avoid Extra ...
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
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 Cerriticnte 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 Engineer or Architect cannot Render His Em ployer Liable for Extra Work
473
Who May Anthorize Extra Work or Order Alterations on Bebalf of the Parties
475
SECTION PAGE 556 Ordinances Resolutions and Appropriations cannot be Changed by Members of the Bodies Creating 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 Resciod should be Supported upon a Sufficient Consideration
484
Completion Preventea by Circumstances Beyond the Control of Either Party Casualties
485
The Owner City or Company may by Express Agreement on Its Part become Liable for Exira Work though Noi Ordered in Writing
486
The Stipulation for a Written Order 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 Muterials 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 ihe Right to Make Alter atious
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 bis 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
SECTION
515
Provision that Estimates are Approximate Only and ibat 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 Work Left to Judgment of Engineer or Architect
520
Power 10 Decide Questions of Extra Work Does Not Imply Power to Deier 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 b Referred
525
Limits of Work Not Properly Detined
526
G02 Estimates of Quantities of Work und Materials
528
CHAPTER XXI
530
Peculiar Effect of Custom and Usage
531
What may Constitute a Usage
532
Usage must be Certain and Uniform
534
Parties to Contract should Have Knowledge of Usage
535
Kuowledge 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
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 516
546
Instances in Stonework
548
Instances in Plastering
550
Instances in Earthworks Excavations and Embankments
551
Ownership of MaterialsEffect of Usage
552
Some General Examples of Usage
553
Custom of Wbai 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 and Expense
561
Duties Imposed by Law Upon the Owner to Exercise Due Care and Foresight
570
Provision that Contractor shall Employ and Keep Competeni Foremen
576
Contract Clause should Give Control of Men and Manuer of Doing Work
582
What Control or Direction if Any at All may be Reserved to the Owner
588
Interpretation of Certain Contract Clauses
594
Performance of Contract ImpossibleConstruction Contracts Whose
598
Destruction of Works Does Not 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
625
Work only Partly Performed which was to be completed for a Lump Sum
631
Breach of Contract by Contractor His Rights Liabilities and Measure of Recovery
636
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
BECTION 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
Profits made by Contractor on Other Jobs cannot be considered
696
Claims of Labore s and Materialmen Disputed by Contractor
697
SECTION PAG 766 Provision that Contractor shall Furnisl a Certificate of Register of Deeds that no Liens or Claims have been Filed
698
Contractors Covenant Against Liens does noi Bai Materialmen and Laborers from Filing Liens
699
Contractor to Execute a Release of All Claims or Demands before Final Pay ment
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
Evgineers 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 Righit of Owner or City to Require fulı Performance of Coutract
710
Previsiou Fixing Compensation at a Pric 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 I or Is Noi a Signature
716
Signed by One Party Only
717
79? Tutormal Contracts wbich are to be Reduced to Writing at some Future Time
718
Execution of Contract Signed Sealec Witnessed and Delivered
719
Why Signed Sealed and Witnessed ?
720
PART IV
722
Dismissal or Discharge of an Employee
724
Gross Moral Misconduct Pecuniary or Otherwise
725
Habitual Negligence or Conducı Čalculated 10 Injure Masters Business
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
Wbni 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
and Patentright
740
Rights of a Purchaser to Incorporea? Creations
743
Rights of an Author Inventor or Desiguer 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
Professional Man must Possess Ordinary Skill and Exercise Ordinary Care
754
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
SECTION PAOK 863 Engineers or Architects Rights under the Siockbolders Liability Acts
788
Compensation for Injuries Received while Riding on a Free Pass
789
Passes are Usually Given for Some Consideratiou
790
CHAPTER XXXIV
792
Expert must have Regard for the Undertanding and Knowledge of His Audience
793
Esteem in wbich Experts are Held by Bench and Bar
794
Biased and Warped Judgments are Not Confined 10 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 Iuformed but le must be Prepared to Convince Others
798
Witness may Use 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 Authorily and Undisputed Facts
805
Trial Court Determines the Privileges of an Expert Witness
806
Behavior of Expert Witness in Court When 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
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 hy 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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