Crown City Lodge, I. O. O. F., No. 395 v. Industrial Accident Commission

HOUSER, P. J. Although not complete in minute detail, the controlling facts in this matter (which in substance are not in dispute. herein) appear to be that in the course of the construction of a building by the Crown City Lodge, I. O. O. F., No. 395 (petitioner here), an original bid for the installation of electrical wiring in said building was submitted to said Lodge by Bhend Electrical Construction Co. Said bid included the following provisions:

“Will install the above job according to the above schedule on a time material basis (cost plus 10%) and guarantee the sum not to exceed either contract amount of Alternate #1 or #0. Will employ any member belonging to I. O. O. F., #395 who is a qualified journeyman or helper in the City of Pasadena, but will insist on furnishing the foreman to represent our firm as well as satisfying the City of Pasadena Inspection Department. ’ ’

Before said bid was accepted by the Lodge, a re-figured estimate of the cost of labor and materials, computed at $2,438.65, was submitted by Bhend Electrical Construction Company to the Lodge, to which estimate was appended the following statement, to wit:

“Insurance and inspection included in above bid.

“Will install the above wiring on a Time and Materials cost plus 10% basis and guarantee not to exceed the above amount and to employ only one outside man as our foreman [85]others to be members of Crown City Odd Fellows in either contract or time and materials basis.”

Following the acceptance by the Lodge of such re-figured offer, the Lodge designated as workmen on the job three of its members, who were electricians, and who thereafter were employed on the job; and the Bhend Electrical Construction Company supplied thereon “one outside man as . . . foreman”, named Chisum, who was then, and for several years theretofore had been, in the employ of the Bhend Electrical Construction Company. As the work progressed, the Lodge paid the current expense therein incurred, including the wages of Chisum and the other workmen. At the request of Bhend Electrical Construction Company, the Lodge was also to pay the expense of workmen’s insurance. The work of construction of the entire building was done under the general supervision of a committee of the members of the Lodge that had been appointed by it; and one Gilkinson, who was a member of said committee, represented it on the job. The special work of installing the electric wiring, which was the subject of the agreement between the Lodge and the Bhend Electrical Construction Company, was to be performed in accordance with certain plans and specifications which were delivered by Gilkinson to Chisum at the time when the latter appeared on the job; but as occasion arose from time to time, Gilkinson showed Chisum the location in the building, as per such plans and specifications, of various “outlets”, fixed the time when the electricians should commence work each day, and kept their time; but gave Chisum no directions or orders with reference to the manner in which the work was to be accomplished. As materials were needed, Chisum reported the necessary requirements in that regard to the Bhend Electrical Construction Company, and it caused such materials to be delivered on the job. In the course of the installation of the electric wiring, on several occasions the electricians “caught up” with the carpenter and other work already done on the building, at each of which times Chisum notified Gilkinson that it would not “pay” to have the electricians at work until more carpenter or other work had been completed;—whereupon the electricians would “lay off” or suspend work on the Lodge job until Chisum saw fit to resume work thereon. In the meantime Chisum worked on other buildings that were being electrically wired by the Bhend