Shea v. Sewerage & Water Board

Citations

• 124 La. 299
• 50 So. 166
• 1909 La. LEXIS 467

Syllabus

<p>1. Municipal Corporations (§ 374*) — Contracts por Public Improvement — Actions by Contractor.</p> <p>Where a city forbade the contractor for the construction of sewers to go on with the work, and completed the work at the expense of the contractor under the contract providing that any balance left after completing- the work must be paid to the contractor, the latter could sue for the balance without showing that he had completed the work to the satisfaction of the engineer, though the contract provided that no payment should be made until the work was completed to the satisfaction of the engineer.</p> <p>2. Pleading (§ 36*) — Answer—Admissions— Oonclusiveness.</p> <p>Where a city, sued by a sewer contractor for extra work, admitted in its answer that more than a specified sum was due for extra work, it could not except to the petition because it failed to allege that the extra work had been ordered in writing as required by the contract.</p> <p>3. Municipal Corporations (§ 360*) — Contracts for Public Improvements — Construction.</p> <p>A sewer contractor may recover for extra work rendered necessary for their construction without showing that the extra work was ordered in writing as provided by the contract.</p> <p>4. Municipal Corporations (§ 363*) — Contracts for Public Improvements — Liability of Contractor.</p> <p>A sewer contractor is not responsible for failures in the work except so far as they result from his fault.</p> <p>5. Municipal Corporations (§ 374*) — Contracts for Public Improvements — Liabil- ■ ity of Contractor.</p> <p>Evidence, in an action by a sewer contract- or against a city for money due under his contract, held to show that failures in sewers due to the pipes separating or cracking were due to the condition of the soil, etc., relieving the contractor from liability therefor.</p> <p>6. Municipal Corporations (§ 358*) — Contracts for Public Improvements — 'Validity.</p> <p>A stipulation, in a contract to construct city sewers, that the g