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Сторінка 56 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Сторінка 84 - ... the expense incurred by the Owner In finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect , whose certificate thereof shall be conclusive upon the parties.
Сторінка i - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.
Сторінка 84 - Contractor , then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all...
Сторінка 55 - The distinction on which all the cases turn is this: if the person employed to do the work carries on an independent employment, and acts in pursuance of a contract with his employer by which he has agreed to do the work on certain specified terms, in a particular manner and for a stipulated price, then the employer is not liable.
Сторінка 11 - ... approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer...
Сторінка 58 - Cov. 569; but if the covenant be within the range of possibility, however absurd or improbable the idea of the execution of it may be, it will be upheld: as where one covenants it shall rain to-morrow, or that the Pope shall be at Westminster on a certain day. To bring the case within the rule of dispensation, it must appear that the thing to be done cannot by any means be accomplished; for, if it is only improbable, or out of the power of the obligor, it is not in law deemed impossible.
Сторінка 84 - ... disinterested Arbitrators, one to be appointed by each of the parties to this contract, and the third by the two thus chosen ; the decision Form I. of any two of whom shall be final and binding, and each of the parties hereto shall pay one-half of the expenses of such reference.
Сторінка 79 - ... to pass upon any question relative to the mode, manner of construction or materials to be used in the erection...
Сторінка i - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor , the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify against such lien or claim.