Lang v. City of Spokane

Citations

• 87 Wash. 458
• 151 P. 820
• 1915 Wash. LEXIS 917

Syllabus

<p>Evidence—Parol Evidence—Written Contracts—Construction —Question for Court—Ambiguity. Where a contract for the construction of a city sewer was plain and unambiguous as to the exact work to be performed, the rights and obligations of the parties are to be determined by the co'urt from an inspection of the contract; and oral evidence that specified work and expense complained of were “not contemplated in the contract” is inadmissible as a conclusion.</p> <p>Municipal Corporations—Public Works—Contracts—Extras— Construction. A contractor constructing a city sewer cannot recover for extra expense in pumping water from the excavation, caused by the leaking of city water pipes, where, by numerous clauses in the specifications, he was required to keep the excavations free from water, to supply ample pumping machinery, to pay the whole cost of pumping and removing water from whatever source, and to assume all risks from the location of pipes or underground works or from unforeseen or unusual obstructions or difficulties, etc., etc.</p>