"The above-stated cause came on to be tried on Tuesday, the 12th day of January, 1897, before his honor, Jonathan Dixon, judge of said circuit court, and a jury impaneled and sworn for that purpose. The suit was brought upon a bond, a copy of which is found hereto attached in Schedule A. The condition of said bond is that the said Hubschmitt Building and Woodworking Company shall well and truly perform all and every of the covenants and agreements mentioned in a certain building contract, according to the true intent and meaning thereof, made on the same day by said company with the plaintiff, a copy of which contract is hereto attached, and is found in Schedule B. A part of the specifications put in evidence in said trial, and pertinent to the question herein certified, read as follows: 'The entire work to be done and furnished in every part in a good, substantial, and workmanlike manner, according to the accompanying drawings and these specifications, to the full extent and meaning of the same, and the entire satisfaction, approval, and acceptance of the owner and architect.' This quotation from the specifications is repeated in Schedule C.
"Schedule A.
"'Know all men by these presents that Hubschmitt's Building and Woodworking Co., a corporation incorporated under the laws of the state of New Jersey, and Aaron Kievitt, of the city of Passaic, in the county of Passaic, and state of New Jersey, are held and firmly bound unto George T. Welch, of the city of Passaic, in the county of Passaic and state of New Jersey, in the sum of thousand dollars lawful money of the United States of America, to be paid to the said George T. Welch, or to his certain attorney, executors, administrators, or assigns; to which payment well and truly to be made they bind themselves, their heirs, executors, and administrators, and successors, jointly and severally, firmly by these presents. Sealed with their seals, and dated the thirtieth day of April, in the year of our Lord one thousand eight hundred and ninety-five. Whereas, the above-bounden Hubschmitt Building and Woodworking Co. has entered into an agreement of even date with these presents with the said George T. Welch, to do all the carpenter work in a dwelling house, and furnish materials for same: Now, therefore, the condition of this obligation is such that, if the said Hubschmitt's Building and Woodworking Co. shall well and truly perform all and every of the covenants and agreements mentioned in said agreement according to the true intent and meaning thereof, then this obligation to be and remain in full force and virtue and effect. Hubschmitt B. & W. W. Co., Adam Hubschmitt, Treas. [L. S.] Aaron Kievitt. [L. S.] 'Signed, sealed, and delivered in the presence of A. D. Sullivan.'
"Schedule B.
"'Articles of agreement, made the thirtieth day of April, one thousand eight hundred and ninety-five, between George T. Welch, of the city of Passaic, county of Passaic, and state of New Jersey, of the first part, and Hubschmitt's Building and Woodworking Company, a corporation incorporated under the laws of the state of New Jersey, of the city of Passaic, county of Passaic, and state of New Jersey, of the second part, witnesseth: First. The said party of the second part does hereby for itself, its successors, covenant, promise, and agree, to and with the said party of the first part, his executors, administrators, or assigns, that it, said party of the second part, its successors, shall and will, for the consideration hereinafter mentioned, on or before the first day of September, 1895, well and sufficiently erect and finish the new building, all the carpenter work of every kind and description in the dwelling house to be erected by the said party of the first part at the corner of Passaic and Paulison avenues in the city of Passaic, agreeably to the drawings and specifications made by Herman Fritz, architect, and signed by the said parties within the time aforesaid, in a good, workmanlike, and substantial manner, under the direction of the said Herman Fritz, to be testified by a writing or certificate under the hand of the said Herman Fritz, and also shall and will find and provide such good, proper, and sufficient materials of all kinds
whatsoever as shall be proper and sufficient for the completing and finishing all the said carpenter work and other works of the said building mentioned in the carpenters' specification, for the sum of thirty-two hundred and twenty dollars. And the said party of the first part does hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said party of the second part, its successors, that he, the said party of the first part, his executors or administrators, shall and will, in consideration of the covenants and agreements being strictly performed and kept by the said party of the second part as specified, well and truly pay or cause to be paid unto the said party of the second part, its successors or assigns, the sum of thirty-two hundred and twenty dollars, lawful money of the United States of America, in manner following: First payment ($550) to be paid when the house is framed, raised, sheathed, and rafters put up. Second payment ($785) to be paid when the house is inclosed, verandas finished, excepting outside steps, and the blinds hung. Third payment ($400) to be paid when the house is ready for mason. Fourth payment ($800) to be paid when the standing trim is on, doors and sash hung, stairs completed, cellar work finished, and floors laid, excepting the floors to receive wax finish. Fifth and last payment ($685) to be paid when the house is all completed, and accepted by the owner and architect: provided, that in each of the said cases a certificate shall be obtained and signed by the said Herman Fritz. And it is hereby further agreed by and between the said parties: First. The specifications and the drawings are intended to co-operate, so that any works exhibited in the drawings and not mentioned in the specifications, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the drawings, to the true meaning and intentions of the said drawings and specifications, without any extra charge whatsoever. Secondly. The contractor, at its own proper costs and charges, to provide all manner of materials and labor, scaffolding, implements, molds, models, and cartage of every description for the due performance of the several erections. Third. Should the owner at any time during the progress of said building request any alterations, deviations, additions, or omissions from the said contract, he shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation. Fourth. Should the contractor, at any time during the progress of said works, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have power to provide materials and workmen, after three days' notice, in writing, being given, to finish the said works, and the expense shall be deducted from...
