ENGINEERING CONTEACTS DEALT WITH 65 



follows, therefore, that contracts for the mere sale of machinery 

 above a certain value must be in writing ; but as these con- 

 tracts do not form the subject of this work, the provisions of 

 this statute need not be further considered. Where, however, 

 there is an agreement for the supply and erection of machinery 

 there need be no writing, for this is a contract involving work 

 and labour (see Lee v. Griffin, 1861, 1 B. & S. 272). 



There are two other classes of contracts, the terms of which 

 must be reduced into writing. These are (1) contracts of 

 guarantee; and (2) contracts not to be performed within a 

 year. For instance, if one man guarantees the debt of another, 

 he cannot be sued on his guarantee unless a written agree- 

 ment can be produced. A contract to pay the debt of another 

 must not, however, be confused with a contract .involving 

 direct personal liability. In one case a contractor undertook 

 to do certain drainage work for a local board. The board gave 

 notice to certain persons to make connections with the drain, 

 and upon these persons disregarding the notice, the chairman of 

 the board said to the contractor, " You go on and do the work, 

 and I will see you paid." It was held that these words were 

 evidence to sustain a claim against the chairman personally, 

 but that they did not constitute a promise to pay the debt of 

 another (Lakeman v. Mountstephen, 1874, L. R. 7 H. L. 17). 

 Another kind of contract which must be in writing is a con- 

 tract which is not to be performed within a year. Thus, 

 suppose it is intended that the execution of works proposed 

 to be undertaken shall not be completed within a year, the 

 contract cannot be enforced unless it is in writing, or unless 

 there has been part performance. Contracts with local 

 authorities, too, must in general be put into writing. 



3. Contract in more than one document. A written con- 

 tract need not be contained in one document. It may consist 

 of many documents, and in the case of a contract for engi- 

 neering works of any magnitude, it nearly always happens 

 that the terms of the agreement between the parties can only 

 be ascertained by reference to a number of different docu- 

 ments. The general conditions, the specifications, the plans 

 and drawings all these form part of the contract. The fact 

 that the plans and specifications are part of the contract is 

 generally made plain by a clause in the general conditions which 

 expressly incorporates them. (See, e.g., Form IIC., post.) 



L.A.B. F 



