Eastham v. Western Construction Co.

Citations

• 36 Wash. 7
• 77 P. 1051
• 1904 Wash. LEXIS 506

Syllabus

<p>Contracts — Construction—Performance—Certificate of Engineer. Where a railroad contract for the clearing of a right of way provides for payment upon the certificate of the chief engineer that the same has been fully completed, a certificate that he has “accepted” the work is all that is required.</p> <p>Same — Agreement for Cutting Wood — Amount Called for. Where a railroad contract for clearing right of way at a stated price per acre, contains the following: “Cutting cord wood 2 ft.</p> <p>long, not to exceed 1,000 cords . . . ?1.50,” the contractor is not required to cut 1,000 cords, hut it is optional with him to cut any amount not exceeding 1,000 cords, at $1.50 per cord.</p>