Orman & Crook v. Ryan Bros.
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. The appellees, plaintiffs below, seek to establish and enforce a personal liability against the appellants for a balance alleged to be due for certain work done and performed by them in the construction of a portion of the roadbed of the Elk Mountain Railway, located in Pitkin, Gunnison and Garfield counties.
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Appeal from the District Court of Pueblo County. The appellees, plaintiffs below, seek to establish and enforce a personal liability against the appellants for a balance alleged to be due for certain work done and performed by them in the construction of a portion of the roadbed of the Elk Mountain Railway, located in Pitkin, Gunnison and Garfield counties. The pleadings are voluminous, but the averments material to the questions involved are in substance as follows : The appellants, who were subcontractors under a certain corporation known as the Pacific Contract Company, which company had…
1Opinion of the CourtJustice Goddard
The merits of the controversy depend upon the meaning and effect that should be given to the following provisions of the contract:
“ The payments will be made in the following manner, that is to say: During the progress of the work, and until it is completed, there will be a monthly estimate made by the engineer, of the quantity, character and value of the work done during the month, or since the last monthly estimate, eighty-five per cent of which value will be paid the contractors as soon after the 15th day of the succeeding month as the said Orman Crook shall have received the money for…
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