The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-02-25

! ~
! of the Use OF ownership OF the "o}d ma
! teria, in question is 10 be found IN
the specifications. i'll the following
words: The successful contractor will
be permitted To use all old material
. that is uow on the ground, and such
! parts OF the present roof that conform
to these plans and specifications: but it
I is understood that the marble now on
: the grounds is not Included. This only
covers thu granite columns. baluSters,
o!d iron. hracing. granite. etc, in the
roof tliat is suitable, and the proper
size that is called for. If in doubt con-
suit the architect on this subject be-
fore :2iing 4 hid.
,. Before bidding OH the work Nc
Ilvain-UHke?.r company. as well as
other competitive contractors. called
upcn the arrl,ilcrt. F. T. Milburn, for
an interior, l.'ion uf the clause quoted.
concerning which they were in doubt
>. The architect informed the con-
tractors that the contractors bidding
for the work would get such old ma
teria!. and would be permitted to use
such old parts is would conform with
the new plans and specifications
(See ,iilbuln's letter, July 81. 1907
!. Acting upon the Interpretation
given by the architect, Mc1lrain- n-Cnke-
fer company, after making allowances
for what was conceived to be the
value Of the old material to them.
put in their bid for the contract, and
was duly accepted by the commission.
S. One Mr.. .Garfunkel. a junk dealer,
submitted to the commission PROPOSE
ton to buy the copper and old iron
then in the old roof, and the commits
sion, upon accepting McIlvain-Unkefer
company's bid, ordered that the COM
munication Of Mr.. Garfunkel be turned
over to the successful bidding con-
tractor, upon the ground that the SAID
"old material" was at the disposal OF
the latter
The clause quoted for the specifica-
tions bears internal evidence of con-
scious ambiguity, and the conflicting
interest is susceptible of various in
terpretations. 1t is easy to conceive
that the bidding contractors could
claim with show Of reason, the title
to the old material in question, and
inasmuch as the paper containing the
clause was prepared for and In benail
of the commission, and the law would,
as I understand it, construe the con-
tract strictly against the commission
and in favor Of the bidder, for one rea-
son, among others, that in cases Oh
doubt. the construction by the con-
tractors must be given the benefit OF
the doubt. inasmuoh as the commits
sion. as the author of the specitica-
tions. IBIS: suffer. if either party must,
on account OF ambiguity.
But think that up to a very recent
date it had been the understanding on
all sides that the contractors should be
the owners Of the old material, and
the facts as found seem to me to pre-
clude any other conclusion.
The statement of Milburn, the archi-
tect, speaking on behalf Of the commits
sion, the known conduct Of the con-
tractors. based upon Milburn's inter-
pratatiCn, the acceptance OF the DID
based upon the supposed ownership oy
the contractors Of the "old material.
and the declination to treat with pro
posed purchaser for the sale Of the ola
material, and the reference of his bid
to Observation-Disclosures company, all
estop the commission from claiming
the "old material in question.
Hoping that this will meet with your
approval, I am.
Very truly yours,
(signed) G.. Duncan Bellinger.
Attorney General.
ITnon motion of Mr.. Mower the opin-
ion of the attorney general was ap-
proved by vote taken viva voce, MI.
Marshall voting against it.
EXHIBIT I.
Columbia, s. c., Feb. Is, 1904.
This certifies that in the fall OF l9ol
I bought from j. B. Garfunkel. for the
use of the State hospital for the insane,
for the amount of $500 a lot OF gaf-
yanized iron railing and that ne
threw in as worthless, lot of metal
ceiling, whicK he said we might have
for hauling off. The ceiling is now ~,
ing in a rubbish heap in the back yard
Of the hospital.
J. ". Babcock.