...payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and no payment shall be construed to be an acceptance of defective work or of improper materials. "Eighth. In case of any disagreement or dispute between the contractor and the...

...referring to sub-contractors' liens, etc. There is a further provision with reference to liens. Article 9: "It is further mutually agreed between the parties...acceptance of defective work or improper materials." • , There are further provisions in the contract as to keeping the work insured and not violating...

...sufficient to indemnify himself against liens or claims against the contractor. Article 10 provided "that no certificate given or payment made under this...acceptance of defective work or improper materials." The contract price of the work was $8600. EDDY, HALEY & WETTEN, (PC HALEY, EMIL C. WETTEN, and HERBERT...

...hereto that no estimates given or payments made under this contract, except the final certificates or final payment, shall be conclusive evidence of...acceptance of defective work or improper materials. * * * In the foregoing specifications it is understood and agreed that the chief engineer of the Wabash...

...shall be conclusive evidence of the performance of this contract, either wholly or in part, and tliat no payment shall be construed to be an acceptance of defective work or Improper materials." The specifications contain the following provisions : "All materials shall be the best of their respective...

...in this contract, and all payments shall be due when certilif'ates for the same are issued. "Article X. It is further mutually agreed between the parties...acceptance of defective work or improper materials." The complaint thjn states that plaintiff furnished all the materials and performed all the labor accordiug...

...signed by said John Parkinson, architect, to the effect that he considers the payment properly due; but no certificate given or payment made under this contract,...acceptance of defective work or improper materials." 1. Appellant contends that the complaint contains no allégation that the work was done to the satisfaction...

...thereunder," shows no error of law. The defendant relies upon the clause of the contract which provides that: "No certificate given or payment made under...acceptance of defective work or improper materials." But the Jury could find on conflicting evidence that the defendant never agreed to a substituted performance...

...payments have become due." Further, "It is • * * agreed * • * that no certificates given or payments made under this contract except the final certificate...to be an acceptance of defective work or improper material." The plaintiffs claimed that their work had been properly penormed and that a balance of...

...except the final certificate or final payment, shall be conclusive evidence of the performance of said contract, either wholly or in part, and that no payment shall be construed to be acceptance of defective work or improper materials. This contract bears date June 10, 1904, but was...