Shickle, Harrison & Howard Iron Co. v. Council Bluffs City Water-Works Co.
Shickle, Harrison & Howard Iron Co. v. Council Bluffs City Water-Works Co.
Opinion of the Court
The plaintiff company is a corporation organized under the laws of the state of Missouri, the defendant company is a corporation organized under the laws of this state, and the American Construction Company is a corporation organized under the laws of the state of New York. These corporatipns are, for the sake of brevity, designated in the record as the “iron company,” the “water-works company” and the “construction company,” and these designations will, for the same reason, be followed in the opinion. The business of the iron company is the manufacture and sale of iron pipes, castings, etc.; of the construction company, that of constructing systems of water works; and that of the water-works company the operation of
“That whereas the said construction company is now engaged in constructing a system of water works for the said water company at the city of Council Bluffs, and will require in the construction thereof a certain quantity of cast-iron pipe, and the special castings properly belonging thereto, all of which is set forth in a specification annexed hereto-, and whereas the said iron company is prepared to furnish all of said pipe and special castings, and is willing to deliver the same at the city of Council Bluffs at the period, and for the prices, and on the terms hereinafter named: Now, therefore, this agreement witnesseth, that for and in consideration of the premises, and of the sum of one dollar, lawful money of the United States of America, this day in hand paid by each ,of the parties hereto to each of the other parties hereto, the receipt whereof is hereby acknowledged, and, in consideration of the covenants and agreements to be hereinafter kept by each of the parties hereto, the said parties of the first, second and third parts hereto have agreed, and do hereby agree, each with the other, as follows, that is to say: First, that the said iron company shall and will furnish all pipes and special castings named in the specifications annexed hereto, and strictly in accordance with the provisions therein named, or the modifications therein made, and shall and will deliver all of the same on cars at the city of Council Bluffs, Iowa, within five months from the date hereof; shipments to commence immediately, and to proceed in the following order, namely: The four, six and eight-inch pipe, and the special castings properly belonging thereto, shall be delivered within sixty days from the date hereof; and the ten, twelve, sixteen, twenty and*399 twenty-four inch pipe, and the special castings belonging thereto, shall be delivered within three months thereafter.” The second and third paragraphs are unimportant in this connection, being specifications as to quantity and price of the pipe and castings. Then follows: uFoivrtl%. That payment for said pipe and special castings shall be made weekly by the said construction company to the said iron company of ninety (90) per cent, of the value of all pipe and special castings shipped, and monthly payments in full shall be made on or before the fifteenth (15) day of each month for all the said pipe and special castings delivered on cars at Council Bluffs in the month preceding; all payments to be made upon drafts drawn at three days’ sight by the said iron company upon the said construction company. Fifth. That the said water-works company shall, and it does hereby, guaranty the faithful performance by the said construction company of. all the obligations herein set forth, and all of the provisions of this agreement, and to this end will and hereby agrees to deposit, as security for the full per-' formance of said obligations, the sum of ten thousand dollars in the hands of the Commercial Bank of St. Louis, the same to be applied to payment to the said iron company of any such sum as the said construction company may fail to pay in the manner herein set forth, and the said iron company agrees to allow the said construction company interest at the rate of six per cent, per annum on the above ten thousand dollars, or any part thereof not used for the purpose of payment as above set forth, and the total amount, with accrued interest, to be applied upon final payment under this contract.”
Pursuant to the contract, the plaintiff company furnished pipe and castings for the construction of the water works at Council Bluffs, on which it claims an unpaid balance of fifty-two hundred and twenty-nine
With these views, the judgment of the district, court must be and is aeeirmed.
Reference
- Full Case Name
- Shickle, Harrison & Howard Iron Company v. Council Bluffs City Water-Works Company
- Status
- Published