88 THE LAW AFFECTING ENGINEERS 



1878, 3 A. C. 552) i.e., patching where patching is reasonably 

 practicable, and where it is not you must put in a new piece. 

 In the case mentioned, a contract to " carefully overhaul and 

 repair " the plating of an iron ship was held to include with- 

 drawing injured plates and substituting new ones where the 

 plating could not properly be patched. (As to the liability of 

 a contractor under a repairing clause, see Chap. XVI., 11.) 



"Sound machine:' (See Chap. X., 4.) 



" Specification." '(See Chap. X., 1, post.) 



" Strike:' A strike means the refusal by the whole body of 

 workmen to work for their employers in consequence of either 

 a refusal by the employers of the workmen's demand for an 

 increase of wages or of a refusal by the workmen to accept a 

 diminution of wages when proposed by their employers (King v. 

 Parker, 1876, 34 L. T. 889). An excuse for delay in fulfilling 

 a contract on the ground of a strike by workmen means a 

 strike against the employer, not a mere refusal to work because 

 an infectious disease is prevalent, or the weather is hot or wet 

 or such like excuse (Stephens v. Harris, 1887, 3 T. L. R. 720). 

 (For an example of a strike clause, see Form IIA., Cl. 38, 

 post.) 



" Tender." (See Chap. VIII., 1, post.) 



" Wages." Though this word might be said to include pay- 

 ment for any services, yet, in general, the word " salary " is 

 used for payment of the services of a higher class, and " wages " 

 is confined to the earnings of labourers and artisans (Gordon 

 v. Jennings, 1882, 51 L. J. Q. B. 417). (For a fair wages 

 clause, see Form I., Cl. 12, post.) 



" Wear and tear" "These words reasonable wear and tear 

 no doubt, include destruction to some extent destruction of 

 surfaces by ordinary friction ; but we do not think they include 

 total destruction by a catastrophe which was never contem- 

 plated by either party even though such catastrophe may have 

 resulted from the reasonable use of the premises demised " 

 (Manchester Bonded Warehouse Co. v. Carr, 1880, 5 C. P. D. 

 507). 



" Weekly accounts" Where this phrase is used in a building 

 contract, parol evidence is admissible to show that by custom 

 " weekly accounts of extras " means accounts of the day-work 

 only, and does not extend to work capable of being measured 

 (Myers v. Sari, 1861, 30 L. J. Q. B. 9). 



