Holm v. Chicago, Milwaukee & Puget Sound Railway Co.

Citations

• 59 Wash. 293
• 109 P. 799
• 1910 Wash. LEXIS 1190

Syllabus

<p>Pleading -— Complaint — Alternative Allegations— Contracts— Variance. In an action for railroad construction work done, tbe plaintiff may plead in tbe alternative an express contract or an implied contract for tbe reasonable value, without being subject to an election; and proof of quantum, meruit would not be a variance.</p> <p>Contracts — Construction—Estoppel. A subcontractor for railroad construction work is not bound by tbe engineer’s fixing a price for tbe removal of cement gravel, when it was encountered, tbe contract not having fixed tbe same, and is not estopped to recover tbe reasonable value by continuing work after receiving notice of tbe engineer’s decision, be never having agreed to tbe same.</p> <p>Railroads — Contractor’s Lien — Waiver. A subcontractor on railroad construction work does not waive his right to claim a lien by stipulating, in a contract headed “Pay for labor and material,” that he will pay for all material and labor furnished by him, and save the principal contractors and the railroad company harmless from any loss for work or labor performed or liens arising from or growing out of any act done or suffered by him or his «gents or servants; since no waiver of his own lien appears in clear, ■certain and unequivocal language.</p>