, 1874-12-15

do,,o. A8nin, tho contract pipsidea for Tho erection
@ , s 9ssr, "i e til f sf s@s E
elaawhorc, ana tho upper etplh Of these nil-ioes"
sS ho !" III ~S on9 at m o q eonu M
e flo tor ot tho a1,.hoea" wnll 10 IL do tho baok-
81 the nureo. It would ao rconl platn that Tho aa;
n ty sn ,ssny Of o ,,os of ~ up eo 10
10 oo M tn or wo eGu''o LILO ~
It II 10! ntarntoo.l tia u contractors claim that
ts . a nng was ot to 10 doug by sonoloa{ o or
1aco Will Tho other work, bit that Il T. Unlisted BY
tle'n Tint they only bound 10 10 tho work 70.
@ / G esnsndsa Sn tt
g y n1 eovers ~ ;o Or Hy ths'r
ocr contractor otherwise, to do !'ia lack-inG at
s't limo aud ts such ,aincr 90 to keep raeo VIZ,
Luis coitract a1ld alao to ln.ah ut aud restore the
sart ot o atreet in vt nc 50 NJ 10 make # ready
Tor to restoration by thesa contracor' Of graScng'
Tl!s con.ras ol examination. IL partly written and
y c ngne u nEs 81 u ss was 1 rns
81 general form, with sch provaiona % sro a.!,alo
oat Of tic general f,ud Of tl,o city. -.
The purts proparcl especially for This work eo1'uat
rart Of IL. and tho written part OF tho contract
irop.r-.iiich inscrtotl IN tho blanks left in to
RSa se fGsn' 9ap Ss se WORK rAs s. s IN G ho 'Fsas po
preno Court saya IN ssh iIls Hop. s'p o. appy e
It IL held by Supreme Court and ibid down by thc
nos approved authorities TINT ii tcro bo my doubt
ssrxssiy written or lie particular eoatrae. y. queito',
entitled to havo greater edtss attributed to thom
tla1. tlioso printed III tho enoral FORM innsmusn ms
selected by tho parties themselves Tor tito expression
Of thor meaning, wlstlo Tho words Of tho general for
1nua nro Adapted equally 70 tln enso anu au other
caAcS Of contracts ltnCn En{InT HnHjGckH
Tho leading clause Of this contract IL IN vtltng end
contains ali Ito written wors Of tic contract proper
which have my bearing upon tho question: aud Is In
those words:
'Iho sa party Of tho frat part Norris Coy
,. md 90 sna i for ao eaf sae eo
.ion erick conduit twolvo 2) fcst IN iltsr1,n d!ne.
ttt in Fusrton avsnuo beswosn tho North nsa'ieh ef
1oa0 feoi mora or loss, and tato ts risk Of nl
disturbing causes aud obstacles, wLether undar
Mcntionsd tho said contractors hereby ayroeing 10
furnish n tho materials Of every kind required IN t'n
ana nd Of o ah1 A. wosk 9s "
bnEng 1uclu1etl in the aura hcrclu specified aF tho
ea,sass psss an hoy s'so agEeo TO taras =. the!r
structures, and tools Of any kind needed ufed III N
about tds same, and without charge to tho city Tho
'ch oi c oxca1ated material az viii not be required
70 restora tho street 10 d good condition rs beora
tho conduit vas built and will hnl tho city harmless
ference with any private Of public property abutting
% on % Or S e1n;gnos to tho street in which aud conduit i'
IN WHAT ssSsr IL THE rnEAsE
ito CONSTRUCT complete, and put Ill readiness for usc"
"a brick contlnt,n etc., to he inderstnod~-in
thIa clause IT, say That the cty waa aIout t0 so
world plainly include al! the work Of every kind which
that enterprise would require, su1 would ccrtainly
Of which ia tho work Of doing the back-hllnH aud
the restoration of the street IN every sesoot. Tho
ttlH AifurNsr1.
The wasds Of tho conact had been tia. these parties
.'ogreo to construct IT. mud complet1 fer : tho ety
10 tho specifications attached. md nnouK tho
aTeeaeat!on. ,n 4 ~s ~ nro"a soula . 10
aenera Words wouid shos moro strongly tLat thase
contractors were 10 do tho whoo work Of every kind
Ihe phrase q the contract ia, +so CONSTRUCT sn COM
of tbs contract, tho construction 1nd completion Of
cruy tho whole work Of thu conduit"
As already suggested, 1t IS obyiousthst H. WIS co
te,nrlated Cy Tic contracting partestlat tho bacl
filling 10 be one conlc!nporanconu) With tho coll
stlcon Of tho conduit Proper aud 40 as 10 keep naeo
with that wort: aud that w,,eueycr 100 yards of sLe
enms!Nis proper Antshea the haeE-'l!u was to ba
tlous, and tue surplus earth was to be romoyod
possible thereafter IN such manner aa to tho
liz street III Unreasonable length Of time.
When wo c0nsideE that tue work Of sckdiliuE and
q & TO- she 70 stfsS. ~ n is SsSse e. e. H. saem
ers. eu Il would seem III sos,e degree tho same knl
only icntca n Ita nature witt. tint ut tho excavation
but tina. tho lahor OF bacfllnt Is SO Intimately con-
seay tic nasoury of tho arc md that il 20 I'M In,
ottaut to tenu contractors that tho -1tng SHOULD
be 20 done as t" prgsa equally OH all sidus of tho zrc
and that tllo security ind protection Of tue ,nau
holes is evidently dependent uncn the manner of
aolag tho back Gll;ng 1t acuua difficult to believe that
tho city would let t0 excavation to contractor,
and ths bael. .illng 10 ano,hor.
II there wore 10 separate tobs It would di'
cnt 70 dcternins whero tho work OF theao
Ths top Of tic man holes,n ,v.cro tue wlo.o wort
ot tho atrart Wien fuzzy zcstosc It would plainly he
mora convenient to haso thcsu two itea duno by the
samo contractor.
The surplus uarth not needed to do tho back hllin
It il provided, Ia to uonc tia conractots, a is to
10 removed AZ aooi. ns possible after the competion OF
drerni,ing what Fart OF tho ,a8rial would
bs noclel to do the DaHls-tIliing would 10 to
surplus. Ills Fes.s very lis psi: of sho sa,a work,
aud augGestn &iat 1t s.assuned, though no! expressly
declared, thas hosa Contractors should do Ill thia
wurE.
In constructing tho conduit rropcr-.nc=a the bed
Of 1t he cut with great accurscy-solo hackAlng is
necessary to make proper bed TOR tho invest. 70 in
arch must q necessity bo c will carth at ieas: 10
tho eynl of te top OF thu extorfal part Of lilo arch
arch armly IN lis Place It would seem hat Il siao
bac4-nnng not to bo aouo by thesu contractors,
nomo proviAlon would havo Eoen nlade ~ to tho
amount Of GARTH to 10 put about or On tho lrc, by
Il ts bacE-allng was not to be done by these co-
tract1rE part OF their job, It docs that
provision would layo ure, 1nca requiring tho city
do tls hask-lllng in proper inanu.r. and IN alt
unor secy s ged se
ho!esyo noo auch Ia found in thu contract OF III tho
specifications.
Obligation to 10 oyury,nf collateral incllen.a aud
necessary to tho doing Of Tho Thing biccihht. They