The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1913-03-20
Corn and Cracked Corn, Wheat,
Bran, Mill Feed, Etc.
THE ONLY Store with one price to all the Lowest
Always Frank Payne & Sons.
Main Street Only, Phone Main 49,

For all materials furnished for and
work done upon what Is know "a,
The Distributing system the par
ty OF the first part - to pay to the
party of the second part III bonds le-
gally ISSUED on Local Improvement
District No 1911 f. rs provided 10y
ordinance No j5s. hlch bonds the
said party agrees to accept and re-
crivc at par and without discount :,
prov idcd that such amount ~ shall
have been paid upon the assessment
for the Improvement by property
owners prior 10 the issuing of the
bonds of the district shah be- paid to
the said parties by warrants draw
on local Improvement, District NO
1911 +. provided by Ordinance no
55s For all other work TO be- done
and performed by the second party
and materials TO be furnished by
them under this agreement. the party
OF the first part agrees to pay the
party of the second part in legally
issued bonds of the City of EllcnS-
burg. as authorized 10y Ordinance No
5i9 which bonds are to draw interest
1T the rate OF six per cent per an
mum and are to be- accepted by the
party of he second part at par and
without discount
And il is further agreed by and
between the parties hereto. that if
for any reason the said city should
be unable TO issue and deliver TO the
party of the second part At the times
hcrrinbciorc mentioned ana as
monthly pamcnt> under this contract
bonds of said local improvement dis
tllct or SAID special bonds under said
Ordin,nc, No $40 that said first
party agrees 10 iSsu' 1t 1 deliver to
the said second party. as shown by
the monthly estimates, such warrants
to be issued on local Improvement
district funds District No 1911 +.
provided by Ordinance No 500. for
that part of the work done on he
distributing system, and to bear in
tcrcst at the rate of 7 per cent per
annum.
And for all other work the war
rants shall be ISSUED on City of Ell
lcnsburg Water Works Fund. and
shall bear interest at the rate of 6
per cent per annum"
Thus is itcmizcd all the labor and
materials that were to enter into he
construction of the entire water
supply system. and with separate
specifications for the La Dor and ma
tcrial required in the main pipe line
and in the distributing system, all
OF which is again repeated in the
plans and specifications attached to
ana made part of the contract.
1t would be useless work to attempt
to make contract of greater force
ur o. more binding effect nron the
parties. No objections to this con-
tract would be sustained in any court
for want of form or substance. Yet
courts often hold such contracts val
ia ana binding even though irregular
IN form and not in every respect def
mite and certain. when performance
IN good faith has been entered upon
and the work has progressed for a
long time until nearly completed.
The rule is that if court can gath
or from the language of the contract
what the intentions of the parties
was, that intention will control and
the contract enforced accordingly.
and if the parties have gone on and
performed under the contract to the
satisfaction to all parties, the con-
structiOn placed by the parties to the
contract will control.
Under the contract referred to be-
tween the City of EIlcnsburg and
the international Contract Co.. the
latter has gone on and performed
and nearly completed the entire con-
tract according to the plans and spe-
clfications annexed to and made
part of the contract, and has received
payments as the work progressed
10 say that the contract is ndefi-
mite and uncertain in any respect
and not binding on the contractors is
hypcrcrtical and not sustained by
reason and good common sense. And
then at this time, when the work
is nearly completed, to say that the
contract company may refuse to COM
plete the work because the contract