Newport Wharf & Lumber Co. v. Drew

Dewar & Chisholm, as contractors, entered into a contract with the board of trustees of the Southern California State Asylum for the insane and inebriates, January 5, 1894, by which they agreed to perform the labor and furnish the material required for the carpenters’ and plasterers’ work of a ward building for the asylum, at an agreed price to be paid as follows, viz., ninety per cent of the value of the materials used *587and labor performed “as the work progresses,” and payment in full “upon the acceptance of said work by the board of trustees.” For the purpose of determining the amount of the…