Pike's Peak Hydro-Electric Co. v. Power & Mining Machinery Co.

Citations

• 165 F. 184
• 92 C.C.A. 392
• 1908 U.S. App. LEXIS 4743

Syllabus

<p>Contracts (§ 163*) — Construction—Written and Printed Provisions.</p> <p>In a contract to furnish and install certain machinery, made on a iirinted form prepared by the contractor, a provision written in that “time is of the essence of this contract” held to control a provision of the printed part that the contractor should not he liable for damages on account of delays, and to entitle the other party to maintain an action for damages resulting from the failure of the contractor to perform the contract within the time limited therein.</p> <p>(Ed. Note.. — Eor other eases, see Contracts, Cent. Dig. § 745; Dec. Dig. § 163.*]</p>