Pinickneff v. Johnson

Citations

• 54 Wash. 156
• 102 P. 1047
• 1909 Wash. LEXIS 962

Syllabus

<p>Contracts — Performance—Certificate of Engineer — Conclusiveness. ■ Where a railroad grading contract made two prices, one for the excavation of solid rock and one for the excavation of loose rock, under supervision by the company’s engineers, and made the chief engineer’s certificate final and conclusive as to the “quantities of the various kinds of work done,” and an engineer’s certificate, made advisedly and under direction .from the chief engineer, included the excavation of “hard pan” as part of the “solid rock,” a subcontractor is entitled to pay for the same from the principal contractor on the basis of payment for “solid rock”; as the contractor would recover pay from the company on the same basis.</p> <p>Contracts — Breach—Evidence-—Sufficiency. A finding that a railroad contractor breached his contract with a subcontractor by ordering him to cease work is sustained by the evidence, where the subcontractor testified that the contractor’s foreman ordered him to cease, and a letter from the contractor shortly after states that if he had been on the ground in place of the foreman the subcontractor would not have had a chance as long as he did have.</p>