Childs Lumber & Manufacturing Co. v. Page

Citations

• 32 Wash. 250
• 73 P. 353
• 1903 Wash. LEXIS 409

Syllabus

<p>CONTRACTS-CONSTRUCTION-ARBITRATION.</p> <p>A single clause of a building contract giving the owner the right to fix the amount of the damages owing to delay, and, upon dissent by the contractor, requiring arbitration, must be construed in connection with the other clauses, and does not limit the arbitration to that point, where it is apparent that all matters in dispute are to be arbitrated.</p> <p>SAME-PLEADINGS-ADMISSIONS IN REPLY.</p> <p>Where the contract permits the owner to fix the damages for delay and requires arbitration if the contractor dissents, and the reply admits that the damages were fixed, the plaintiff cannot avoid the effect of such admission by showing that the delay was not its fault, that the time had been extended, or that the claim was in bad faith, where those defenses had not been submitted to arbitration or any attempt made to arbitrate; and judgment is properly given on the pleadings for the amount claimed, less the damages fixed.</p>