N. Bergen Bd. of Educ. v. Jaeger

• Decision Date: 19 November 1901
• Parties: NORTH BERGEN BOARD OF EDUCATION v. JAEGER et al.
• Court: New Jersey Supreme Court

50 A. 583

67 N.J.L. 39

NORTH BERGEN BOARD OF EDUCATION

v. JAEGER et al.

Supreme Court of New Jersey.

Nov. 19, 1901.

(Syllabus by the Court)

Action by the North Bergen board of education against Albert Jaeger and others. Rule to show cause and motion for judgment. Judgment ordered for plaintiff in the sum mentioned in special verdict.

An action for a breach of covenant was brought by the North Bergen board of education against Jaeger, as principal, and Libelli and Carston, as sureties. The instrument upon which the breaches were assigned was a bond executed by the three defendants, the condition of which was that Jaeger should perform a certain contract for the construction of a steam heating apparatus, according to plans and specifications annexed thereto and made a part thereof. The specifications contained the following:

"Guaranty. The contractor is to guaranty that the apparatus will have a complete and perfect circulation throughout with one pound pressure indicated on the boiler. That the apparatus will be ample to warm all the rooms in which the radiators are placed to 70 degrees in zero weather with not over five pounds per square inch on the boiler.

That the apparatus will be steam and water tight, and free from all noise of any kind."

Upon the completion of the work, Jaeger was paid the contract price by the plaintiff, who then brought this action against Jaeger and his sureties who had joined in the bond for the performance of his contract. The breach set up was that the apparatus was not ample to warm the rooms in the manner guarantied by the contractor.

At the trial the jury was directed to answer special questions submitted by the trial court. These questions were:

"First. Did the contractor furnish the heating apparatus specified in the contract?

"Second. Was the heating apparatus specified in the contract ample to warm all the rooms in which the radiators are placed to 70 in zero. weather, with not over five pounds per square inch on the boiler, provided the building was in proper condition?

"Third. If not, how much money would suffice to make it so?"

As returned in the postea, the answers to these questions were:

"That the said defendant Albert C. Jaeger did construct a steam heating apparatus for the school house known as 'No. 3,' together with the addition thereof. In New Durham, in the township of North Bergen, and did furnish the materials therefor, according to the plans and specifications for the said addition, made and prepared by Emil Guhl, architect, for the steam heating apparatus, with combination covering, which specifications were annexed to the contract, a copy of which is Schedule B of the plaintiff's declaration, and which plans were signed by the parties thereto, and made a part thereof; and that the said heating apparatus so specified was not ample to warm all the rooms in which the radiators were placed to seventy degrees in zero weather, with not over five pounds per square inch on the boiler, provided the building was in proper condition; but whether or not the condition of the writing obligatory, a copy of which is Schedule A of the plaintiff's declaration, was thereby broken, the said jurors are altogether...