Novelty Mill Co. v. Heinzerling

Citations

• 39 Wash. 244
• 81 P. 742
• 1905 Wash. LEXIS 851

Syllabus

<p>Contracts — Breach ■—■ Defect in Building — Specifications at Fault. In an action for the breach of a building contract, it is immaterial that the contractor drew up a clause in the specifications requiring tamping of concrete piers, which it is claimed by him caused the defects in the building, where the terms of the contract were not ambiguous, and there is no claim of fraud or overreaching.</p> <p>Same—Defects Due to Plaintiff’s Superintendent—Principal and Agent—Proof of Authoritv—Declarations of Agent. In an action against a contractor for defects in a building constituting a breach of the contract, in which the defendant claims that the defects were caused by plaintiff’s expert superintendent who daily directed the work, testimony of the superintendent concerning his orders and directions about the work, tending to establish his authority, is admissible in connection with proof that the secretary of the plaintiff was often present and heard the directions without denying his authority; and the question of his agency was for the jury.</p> <p>Contracts—Breach—Defects Created by Compliance With Contract—-Evidence—Sufficiency—Question for Jury. In an action for damages for the breach of a building contract, evidence tending to show that the defect in the building was caused by tamping concrete piers in the manner required by the contract, and insisted upon by the plaintiff, and that defendant substantially complied with the contract, raises a question for the jury, precluding the direction of a verdict for plaintiff.</p> <p>Same—Instructions. In such a case the contractor would not be liable for damages caused by tamping the concrete in the manner required by the contract, although it was faulty workmanship to tamp it, unless the jury find that he failed to do the tamping as it should have been done.</p> <p>Indemnity—Action on Bond—Notice of Defect and Limitation of Action. In an action upon an indemnity bond guaranteeing a building contract, it is necessary fo