Ohio Law Reporter Volume 16

Ohio Law Reporter Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...so to do by showing circumstances recognized as proper grounds for setting an existing contract aside. 5. Failure of a contractor to file a claim for damages in writing within a. specified time in accordance with a provision of the con-tract is waived by the municipality by conduct on its part which to his detriment, misled the contractor as to the attitude of the city after having knowledge of his claim and of the fact that it came within the scope of his contract. 'Instructions approved by the Court of Appeals, July 16, 1918. 6. A provision ot the contract that the work shall be carried on "in strict accordance with instructions from the engineer' means that the contractor must obey such instructions of the engineer as are not violative of the contract and impose upon him only such burdens as are already imposed by the contract. 7. The measure of damages of a contractor, whose contract was taken from him and relet at a time when he was not in such default as to entitle the city to relet and while he was ready, able and willing to carry out the contract, is the amount still due for work already done under the contract, plus any profit he might fairly have derived from a completion of the contract, the measure of such profit being based on the contract price with the addition of loss from cost and expense due to changes not contemplated by the contract on work done up to the time of the reletting. 8. The measure of the damages sustained by the city, on account of wrongful abandonment of a contract by the contractor and the necessary reletting ot the work at a greater cost, is the sum the city was compelled to pay in excess of the amount for which the defaulting contractor had agreed to do the work. Gentlemen of the Jury: ...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236946707
  • 9781236946706