[Syllabus from pages 513-515 intentionally omitted]
This was a bill filed by Patrick P. Ford against the Springer Land Association and others, in the district court of New Mexico for the county of Colfax, to foreclose a mechanic's lien upon an irrigating ditch and reservoir system, the land covered thereby, the right of way therefor, and the particular lands intended to be irrigated. A cross bill was filed by the Springer Land Association and other defendants. The cause was heard on pleadings and proofs, and, on findings of fact and conclusions of law duly made and filed, the district court entered a decree in favor of Ford, adjudging a lien for the sum of $22,097.75, with interest and costs, on the ditch and reservoirs in question, together with the right of way (specifically describing them), and also on 22,000 acres of land appurtenant to the ditch, and to be irrigated thereby, specifying 46 sections in four designated townships.
It was further decreed that the Springer Land Association and other defendants pay or cause to be paid the sum found due, with interest and costs ($3,000 thereof to be paid to the clerk of the court), within 90 days, and in case of default that the property be sold by a special master, and the proceeds distributed as prescribed; $3,000 to be retained by the clerk of the court to await the determination of a suit by Dargle, a subcontractor, to recover the amount of $2,279.30, with interest and costs, or its payment and discharge by Ford. If a surplus was realized t the sale, it was to be held subject to the further order of the court. If a deficiency resulted, the amount was to be reported by the master to the court.
The case was carried to the supreme court of the territory, which found the facts, in substance, to be these:
On October 26, 1888, the Springer Land Association entered into a contract with Patrick P. Ford for the grading work in the construction of a certain ditch line and reservoir system for irrigation in Colfax county, N. M., which contract, and the specifications forming part of it, were set forth at length.
The contract provided: 'The party of the first part agrees to furnish all necessary tools and labor, and perform all the work of grading, required in the construction of the Cimarron ditch and its accessories. Said work to be done in a thorough and workmanlike manner, and in full accordance with the specifications hereto attached and made a part of this contract. Said first party agrees to begin work within ten days after signing this contract, and to complete the same on or before July 1st, 1889. The party of the second part agrees to pay said first party for work so done at the rate of eleven cents per cubic yard, without classification. And the amounts due for said work shall be paid at the time and in the manner described in the specifications hereto attached.'
Specification 11 related to allowance for extra work when done under the orders of the engineer.
Specifications 13 and 15 were:
'13. Subcontracts. Subcontracts must be submitted to the engineer, and receive his approval, before work is begun under them. No second subcontractor will be allowed. Subcontractors will be bound by the same specifications as the contractor, and will be equally under the suthority of the engineer.'