150 Iowa 194 | Iowa | 1911
By a written contract with the Atchison, Topeka & Santa Fe Railway Company the defendant undertook in writing to construct a second line of track upon the right of way, and along and parallel with the existing line of track of said railway for a certain distance in Iowa and Missouri, and by a similar written contract the defendant sublet a portion of the work to the firm of Rankin & Willard, which firm again sublet by similar written contract a certain portion of said work to this plaintiff. When the work which plaintiff had undertaken to perform for Rankin & Willard was partly completed, that firm became insolvent, and, on consultation between plaintiff and the officers of the defendant, it was orally agreed that the work should be completed by plaintiff on terms specified between them,' and that defendant would pay to plaintiff whatever was due him and unpaid under his contract with Rankin & Willard. This action is brought
1. construction contracts:contracts: extra work. I. A part of the work done by plaintiff was so-called “extra work” or “force account,” work ontside of the specified provisions of the written contract. But the contracts themselves provided for such extras, and it is not contended that any of the work done . was not such as was contemplated by the contract. The contention of the appellant here is that under the terms of the written contracts this extra work should have been approved by the engineer of the railway company as a condition precedent to the right to maintain an action therefor. But, as already indicated, much of the work was done under an oral contract without reference to the terms and conditions of the written contracts, and the requirement of the written contracts that there should be a special approval or allowance by the engineer of the railway company had no application. As we understand the record, there is no contention that the work was not in fact done, or that the prices charged therefqr were not in fact the prices at which it was agreed the work should be done.
The judgment of the trial court is therefore affirmed.