United States v. Perth Amboy Shipbuilding & Engineering Co.

Citations

• 137 F. 685
• 1905 U.S. App. LEXIS 5013

Syllabus

<p>1. Bond—Construction—Pebeobmance oe Contract.</p> <p>m an action at law against the obligors of a bond conditioned for the full and faithful performance of a contract therein referred to, the contract itself, as set forth in the declaration, provided for the construction and equipment of two steamers within a fixed period according to certain plans and specifications, and, upon failure so to do, the other party to the contract, the United States, might complete the same by contract. The declaration alleged that said steamers were not completed within said period, that the contractor had abandoned the contract, and that thereupon the United States had advertised for other and new bids to construct and complete said steamers; that a new contract for the purpose was thereupon made, and that they were in fact completed thereunder. The declaration was demurred to for the reason, among others, that the new contract was for the construction and completion of said steamers, whereas under the original contract it should have been for their completion only.</p> <p>Held that, as used, the words “construction and completion” were substantially the same in meaning.</p> <p>2. Same.</p> <p>Held, further, that the word “constructed,” as used, did not imply, as was claimed, other or different steamers, than those originally contracted for.</p> <p>3. Same—Pleading.</p> <p>And it appearing that the original contractor had failed to complete said contract within the period fixed therefor, and had in fact abandoned the same, it was—</p> <p>Held, further, that it was unnecessary to state in the declaration the exact date of abandonment, it appearing that the new contract was awarded after such abandonment.</p> <p>(Syllabus by the Court.)</p>