This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If a reference is made to another instrument for a specific purpose, such reference incorporates such instrument for that purpose only.1 A reference in a contract between the principal contractor and the subcontractor, to the contract between the principal contractor and his employer for the purpose of ascertaining the quantity of material, does not embody the remaining provisions of such contract.2 A reference in a contract entered into between the principal contractor for a building and a subcontractor to the drawings and specifications contained in the original contract, does not incorporate other provisions of the original contract, such as a provision for the suspension of the work whenever the party for whom the building was being constructed might wish to suspend it; and such clause in the original contract does not justify the principal contractor in suspending the work of the subcontractor without paying damages therefor.3 A provision in the principal contract to the effect that the decision of the engineer should be final,4 and a provision to the effect that no allowance should be made for extras unless they are ordered in writing,5 or a provision for arbitration of disputes between the principal contractor and his employer,6 is not incorporated into the contract between the principal contractor and the subcontractor by a general reference to such contract. A reference to plans incorporates them only as plans, and does not incorporate a provision inserted by the city engineer forbidding assignment of the contract and providing for deduction for delay.7
18 See Sec. 110 et seq.
19 Tichnor v. Hart, 52 Minn. 407, 54 N. W. 369.
20 Spande v. Indemnity Co., 61 Or. 220, 117 Pac. 073.
California. Neuvnl v. Cowell, 36 Cal. 648: Mannix v. Tryon, 152 Cal. 31, 91 Pac. 983.
Connecticut. Beattie v. McMullen, 80 Conn. 160. 67 Atl. 488.
Minnesota. Short v. Van Dyke, 50 Minn. 286, 52 N. W. 643; Noyes v. Butler, 98 Minn. 448, 108 N. W. 839.
Pennsylvania. Warren-Ehret Co. v. Byrd, 220 Pa. St. 246, 69 Atl. 751.
Washington. Young v. Borzone, 26 Wash. 4, 66 Pac. 135.
2 Noyes v. Butler, 98 Minn. 448, 108 X. W. 839.
3 Guerini Stone Co. v. Carlin Construction Co., 240 U. S. 264, 60 L. ed. 636.
4 Modern Steel Structural Co. v. English Construction Co., 129 Wis. 31, 108 N. W. 70.
5 Beattie v. McMullen. 80 Conn. 160, 67 Atl. 488.
6 Warren-Ehret Co. v. Byrd, 220 Pa. St. 246, 69 Atl. 751.