Ritchie v. State

Citations

• 39 Wash. 95
• 81 P. 79
• 1905 Wash. LEXIS 821

Syllabus

<p>States—Contracts—Employment of Architect for State Capítol Annex—Not in Writing—State Capitol Commission—Powers. The employment of a supervising architect for the erection of the capítol annex is not required to be by written contract; since Laws 1893, p. 462, § 4, providing that all contracts made with the board of state capítol commissioners shall be in writing, indorsed “approved” by a majority of the hoard, etc., applies only to contracts for construction and material, and not to an agreement with the architect to be selected and employed under § 6 of the act, which provides that his compensation is to be fixed by, and that he is removable at the pleasure of, the board, the law further requiring the architect to give bond for the faithful performance of his duties, while § 7 requires contractors to give bond for the faithful performance of their contracts.</p> <p>Same—Extra Compensation—Modification of Contract—Clause Requiring Written Agreement. A written contract whereby the state capítol commission employed an architect for the erection of the capítol annex, which provides that the architect shall not be entitled to any extra compensation unless previously agreed upon in writing, does not preclude the contracting parties from thereafter modifying the contract or making a further contract for extra compensation without a writing; but the terms of the written contract may be considered in determining the fact of additional employment.</p>