[Download] "Platte Valley Ditch and Reservoir Co. v. H.C. Lallier Construction and Engineering Company" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Platte Valley Ditch and Reservoir Co. v. H.C. Lallier Construction and Engineering Company
- Author : Colorado Supreme Court
- Release Date : January 19, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The plaintiffs theory of the case is, first, that the construction contract in question is a unit basis contract and not a fixed price or lump sum contract. Our reading of the pleadings and the evidence and exhibits in the case satisfies us that, while there are some clauses of the contract which might be taken as indicating that the contract was a lump sum contract for a fixed amount, this written contract, which was signed by the parties, itself refers to certain schedules and specifications, which the parties themselves say was a part of the contract, which led the trial court, and as we think rightly, to construe the contract as a unit basis contract. The written contract in question was drawn by the defendants engineer and in case of ambiguity, uncertainty or indefiniteness therein, under the familiar rule of construction, it must be interpreted most strongly against the party who drew it. The contract is one that calls for payment by the defendant for all work performed and materials furnished to it at certain unit prices designated in the specifications. Such was the construction put upon it by the trial court.