Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-09-12
COMP ANY TRIES
TO SAVE CASH
Pump Company Want to
Evade Payment Of Forfeit
for NOn-DeliVery

The city council met last night to
confer with a representative of the
firm of Caldwell Bros. relative to a
settlement for the new pump and mo-
tor recently installed at the city's
pumping station.
J The contract for the pump. motor
and incidentals was awarded to Cald-
well Bros. on December 5, of last year
| and one Of the conditions of the con-
tract was that the pump was to be de-
livered to the railroad company within
100 days after the signing of the con-
tract and to be installed in the city's
pumping station 20 days after it's ar
rival in the city.
| The first provision of the contract
as prepared by City Attorney Cox was
for the pump to be installed and in
operation by April and the selling
company to pay penalty of $25 day
for each "a hours delay in the installa-
ton of the pump and motor after that
date.
After comforting with his company
and the firm from whom the pump
was to be purchased the representa-
company would not enter into con-
tract to have the pump installed by
| April /, but would make a contract
to have the pump ready for transpor-
tation within 100 days after the sign
ing of the contract and install the
same 20 days after it's arrival in the
city.
The clause was finally changed so
that the city should risk the perf\ the
pump would be In transit from the
shipping point to Lewiston and the
selling company be responsible only
for the time of delivery of the pump
to the railroad company and its in
stallation after being received in the
city.
According to the terms OF the con-
tract the pump should have been de-
livered to the railroad company on
March 16, but according to state
ment made by the representative now
in the city the delivery was not made
until May 20.
Instead Of having the pump in readi-
ness for the irrigation season of 1907
the final connections were not made
Iuntil July 20 and the question now be-
tween the city and the contracting
company is the allowance of the pen
atty incurred by failure to make the
delivery of the pump to the, railroad
company at the time specified.
The representative of the company
claims the city is not entitled to the
penalty as no damage was sustained
while on the other hand the city PAID
Caldwell Bros. $1,000 more than Other
bidders offered to perform the contract
for because the selling company agreed
to have the equipment in position tc
be used during the irrigation season Of
this year.
The specifications attached and
which are made part of the contrac
signed by caldwell Bros, ready as fol.
lows under Section 26:
"Time is of the essence of this con
tract and for every "a hours delay il
the completion of the contract and TIT
full performance thereof, as herein
provided, the seller shall pay to thu
city of Lewiston the sum of $25, which
Is hereby liquidated and fixed as thu
damages which will accrue to the cit!
of Lewiston. by reason of such delay
The penalties incurred by the fail
lure of the selling company to make tn
delivery of the pump to the railroa'
shipping point aggregate approximate
lily $1,700. based upon the time of de
livery as indicated by the statemen
made by the representative now in tn
city.
1t is probable that today the com
pany will be rendered the differenc
between the purchase price and tn
amount claimed as penalty and will b
supplied with written claim of TIL
city which the representative may re
fer to his company and its attorne
: for further consideration.
The purchase price of the pump an
: motor was $7,e65.