City of Lake View v. MacRitchie

Citations

• 134 Ill. 203
• 25 N.E. 663

Syllabus

<p>1. Contract—for work to be done—specifications, including a guaranty— as a part of the contract—extent of the guaranty. A contract between contractors and a town, for laying a water pipe in a lake connecting with water-works, referred to the specifications, and plan thereto attached, as more fully describing what was to be done by the contractors, and expressly made the same a part of the contract. The specifications contained a provision that “all of the work to be guaranteed to remain in good condition for one year from date of acceptance Held, that such guaranty was as effectually made a part of the contract as if its very words had been incorporated in it.</p> <p>2. Contractors for making an improvement according to the plans and specifications, may guaranty against all defects, whether they arise from insufficiency of the materials, unskillfulness of workmen, or from unfitness of the plans or designs, whether devised by the one or the other of the parties to the contract, or by some other person.</p> <p>3. A party contracted with a village for the laying of pipes to supply water, which was to be done according to plans and specifications furnished by the village engineer, and all work and materials were to be to his satisfaction and subject to his approval. The specifications contained this clause: “All of the work to be guaranteed to remain in good condition for one year from date of acceptance Held, that the guaranty was not to be limited to work and materials furnished by the contractor, but embraced the plans and specifications, and covered the structure or work as an entirety, which was the joint product of the plan or design, the labor bestowed and the material furnished. It will be presumed that the consideration for such guaranty was included in the contract price.</p>