Wood v. City of Fort Wayne

• Decision Date: 06 December 1886
• Citation: 30 L.Ed. 416,119 U.S. 312,7 S.Ct. 219
• Parties: WOOD and others v. CITY OF FORT WAYNE
• Court: U.S. Supreme Court

119 U.S. 312

7 S.Ct. 219

30 L.Ed. 416

WOOD and others v. CITY OF FORT WAYNE.

December 6, 1886.

Geo. W. Biddle and J. Rodman Paul, for plaintiffs in error.

L. M. Ninde, for defendant in error.

BLATCHFORD, J.

This is an action at law, brought October 26, 1881, in the circuit court of the United States for the district of Indiana, by Richard Wood and others, partners, doing business as R. D. Wood & Co., in Philadelphia, Pennsylvania, against the City of Fort Wayne, a municipal corporation in Indiana, to recover damages for the alleged breach by the latter of a written agreement made between it and the plaintiffs, on the tenth of September, 1879, in reference to the construction by the latter of water-works in the City of Fort Wayne. The agreement was made between the city, by its 'trustees of water-works,' of the first part, and R. D. Wood & Co., of the second part, and bore the seal of the city, and the statement that it was 'approved by the city council, September 15, 1879,' signed by the clerk. By the contract, the party of the second part agrees, for the consideration mentioned in it, 'to do all the work and furnish all the materials called for by this agreement, and in strict accordance with the specifications and requirements as hereinafter set forth. And that the said city shall have the right to appoint such civil engineer, and inspectors under him, as the trustees of water-works may deem advisable; and that said engineer shall determine the amount of work and materials to be paid for under this contract, decide all questions relative to the execution thereof; and his estimate and decision shall be final and conclusive. The whole to be in accordance with the preceding proposal signed by the said second party, and conformably to the following specifications, both of which are to be mutually considered, as to all expressions, intents, and purposes, as a part of this contract.' The material parts of the agreement, out of which the questions involved in the suit arise, are as follows:

'Specifications. The work to be done consists in furnishing * * * cast-iron water pipes,' some 'of sizes ranging from 24 inches to 4 inches diameter; * * * also, in trenches, laying pipes, and special castings, including back-filling, setting valves, constructing and setting valve-boxes, vaults, and covers, and setting hydrants, including all crossings of rivers and canals. * * * The delivery of the pipe shall commence on or before the first day of October, 1879, and be continued with regularity until the completion of the contract, which shall be on or before the first day of June, 1880. Special castings shall be delivered as may be required by the engineer. * * * Pipe-laying will consist in excavating and refilling trenches; in taking up and replacing pavements or other surfaces; in hauling and laying pipes, setting special castings, stop-cocks, air-cocks, check-valves, hydrants, and all other appurtenances incident to the pipe distribution; in cutting pipes, making joints, preparing foundations, building brick or stone vaults, blowoff wells; in repairing damages caused to gas-pipes, sewers, drains, and cisterns; in clearing the streets or grounds of all rubbish or refuse caused by the above work; in furnishing lead and gasket for joints, fuel for melting lead, clay and rope for bands, blocks and wedges for use under pipes, wroughtiron straps for securing caps, reducers, and other parts liable to draw; in furnishing and setting or constructing boxes or vaults for stop-cocks, air-cocks, man-holes, including furnishing and fitting cast-iron frames and covers thereto; in furnishing sand and all other materials for masonry, and all tools and labor necessary for the complete fulfillment of this contract. * * *

'The above work to be done in the city of Fort Wayne, Indiana, along the lines and in the streets, as indicated on the distribution map in the office of the trustees or city engineer's office, and in such other streets and places in said city as may be directed. The trenches for the pipes shall be opened in accordance with the lines and grades as given or directed by the engineer. * * * All pipes, special castings, stop-cocks, air-cocks, check-valves, and hydrants will be furnished to the contractor in the city pipe-yard, or on the cars upon which they are received from the foundry. They will be delivered to him as soon as received, and it shall be his duty to notify the engineer of any defects or breakage before removal from cars; otherwise all damage arising from such cause shall be made good by said contractor. The contractor shall have no claim upon the city for any delay in the delivery of pipes or other materials from the manufacturers. * * * Stop-cocks, air-cocks, hydrants, special castings, and all other parts pertinent to the supply or distribution, shall be set of laid at the required points in such manner as the engineer may direct. * * * A box or vault, of wood or masonry, shall be furnished and set over each of the stop-cocks, and over each of the air-cocks and man-hole pipes, and the iron frames and covers shall be properly fastened to them. These boxes are to be made of the form and dimensions shown on the plans furnished, and approved by the engineer. * * *

'And the said party of the second part hereby agrees to receive, and the said first party hereby agrees to pay, the following prices as full compensation for the work contemplated in this contract: (1) For laying the pipes and all special castings appertaining thereto, setting check-valves, stop-cocks, and air-cocks, including the excavation and refilling of trenches; all bailing, and shoring, and ramming; the taking up and replacing paving or other surface of the streets; the removal of all rejected or surplus materials from the grounds or streets; the repairing of damage caused to gas-pipes, sewers, drains, streets, cisterns, etc.; and the expense of avoiding such obstructions; the hauling of all pipes and other castings and appurtenances onto the grounds, and returning those not used to the pipe-yard; the furnishing of all blocks and wedges, and all materials for making the joints; the cutting of pipes; and all other expenses of materials, tools, and labor required by the specifications and incident to this particular work; the lengths to be measured along the center of the pipe, and in the case of branches as starting from the center of the main pipe—twenty-four-inch pipe—the sum of sixty (60) cents per lineal foot. * * * (5) For furnishing and setting all wooden stop-cock and air-cock boxes, including fitting and securing the iron covers, the sum of _____ each; cost is included in price for pipe-laying. * * *

'And it is hereby agreed that no claim for extra work shall be made or entertained, unless such extra work shall have been done in obedience to a written order of the engineer and trustees, and a stipulated price for same agreed upon, whenever such stipulation may be practicable. When otherwise, such claims to be made to the trustees in writing within ten days after the completion of such extra work, or before the payment of the next succeeding monthly estimate after such work is done; failing to do which all rights of the contractor to such extra pay shall be forfeited. * * * The said t...