Hemmerich v. City of Geneva

The plaintiffs-appellants challenge the propriety of an order directing a compulsory reference under section 466 of the Civil Practice Act.

In the course of constructing a sewage disposal plant for the defendant municipality, plaintiffs claim to have encountered in the work of excavation a stratum of water-bearing sand which made it. necessary to furnish sheet piling, pumps, extra labor and to do an. amount of excavation in excess of contract requirements. Resisting; plaintiffs’ suit for an amount claimed to be due for these items and in support of the order of reference which was granted upon…