The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1904-02-24

plans, specifications ~ wTittenUuutract
oi III" us" ~ uwncrahip nt the old ma
tcl!al IN question is 10 be found in
III" specifications. III the following
words: The successful contractor viii
DC permitted 10 us" all old material
that IS now on the ground. and such
parts OF The present roof that conform
10 these plans and specifications; but it
i9 understood that the marble nov on
r.c grounds is not included This only
covers the granite columns, balusters,
old iron brtcing. granite. etc. in the
root that is suitable. and the proper
siz" that is called for. If in doubt con-
suit the architect on this subject be-
Tor" making a bid
:. Befrr" bidding on the work Nc
Twain Unkefer company. as well as
other competitive contractors. called
upon The architect. f. p. Milburn, for
an Interpretation Of n" clause quoted.
concerning "hich they were In doubt.
3. TIL" architect Informed the CON
tractors THAT the contractors bidding
for the work would get such old ma
terial.' and would be permitted to use
sucn old parts rs would conform with
, the nrW plans a.d specifications" 4"
tScc Milburn's letter. July 81. 1901
4. Acting upon the Interpretation
given by the architect, McIlvain- Unke-
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.
.. One Ma. Garfunkel Il junk dealer,
submitted TO the commission PROPOSE
tion 10 bug the copper and old iron
| then In the Old roof. and the commits
sion. upon accepting McIlvain- -Unkefer
comrany'S bid. ordered that the COM
municatiou 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
he latter.
The clause quoted fnr tte srecifica-
tions bears internal evidence of con-
Sci0us ambiguity, and the conflicting
interest Ia susceptible Of various in
|, terpretations. 1t is easy to conceive
that the bidding contractors could
claim with show Of reason. the title
10 the ''uld material" in question. and
inasmuch as the paper containing the
clause was prepared for and in behalf
OF the commission. and the law would,
az | understand 1t. cOnStri.e the con-
tract strictly against the commission
and in favor OF the bidder, for one ren-
son. among others, that in cases OF
doubt. the construction by the con-
tractors must be given the benefit of
the doubt. inaSnuch as the commits
sion. as the author of the speciica-
tionS, must suffer if either party must,
on account of ambiguity.
But | think that up to a very recent
all sides that the contractors should be
the owners of the old material, and
the facts as found seem to me to pre-
chlde 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-
pretation, the acceptance of the bic
based upon the supposed ownership by
the contractors of the "Old MATERIAL
and the declinat ton to treat with pro-
posed purchaser for the sale of the old
material. and the reference Of his bid
to McIlvaine- Unkefer 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,
(SignedD G. Duncan Bellinger,
Attorney General
Upon motion Of Mr.. Mower the opin-
ion of the attorney general was ap-
proved by a vote taken viva voce, Mr..
~ si,i,ii voting against x.
EXHIBIT l.
Columbia. s. c.. Feb. 151904
This 6ertifleS that in the fall of 1901
I bought from j. Il. Garfunkel, for the
use of the State hospital for the insane,
for the amount of $500 n lot of gal
vanized iron railing and that he
threw In as worthless a lot of metal
ceiling, which he said we might have
for hauling off. The ceiling is now ly
ing in IL rubbish heap in the back yard
Of the hospital.
j. w. Babcock.