Municipal corporations — Contracts — Performance — Time — Delay by city — Special provisions of contract — Negligence.
1. Where a contract between a contractor and a city for the construction of a retaining wall along the bank of a river expressly provided that the work of construction would commence and proceed from a certain point, and that the portion of the work coming within the area occupied by the city as a loading wharf for ashes would be deferred until such time as the city would vacate the wharf and equipment, and further provided that the plaintiff should complete the work within a specified number of days, with a penalty for delay in completion, but placed no limit of time within which the city was required to surrender possession of the wharf to the contractor, such contract did not impliedly impose upon the city the obligation to have the site of the wharf available to the plaintiff by the time work on the wall had reached that point. [460-64]
2. Under the circumstances, the city was not liable to the contractor for damages resulting from delay of the city, without negligence, in vacating the loading wharf. [460-64]
Argued January 20, 1937.
PER CURIAM, March 22, 1937:
The judgment is affirmed on the opinion of Judge GORDON.