Leonard v. House
Supreme Court of Georgia
Mandamus, in Talbot Superior Court. Decision by Judge Craweord, March Term, 1854. Abner M. House contracted with the Inferior Court of Talbot county, to build a bridge across Lazer Creek, upon the consideration of f> 100 paid; and at the completion- of the bridge, the payment of “ whatever the bridge should be reasonably worth, or the assessed value of the same, hy John, Gfodioin or Asa Bates". The bridge was built, and House applied for and obtained mandamus nisi, requiring…
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Mandamus, in Talbot Superior Court. Decision by Judge Craweord, March Term, 1854. Abner M. House contracted with the Inferior Court of Talbot county, to build a bridge across Lazer Creek, upon the consideration of f> 100 paid; and at the completion- of the bridge, the payment of “ whatever the bridge should be reasonably worth, or the assessed value of the same, hy John, Gfodioin or Asa Bates". The bridge was built, and House applied for and obtained mandamus nisi, requiring the Inferior Court to show cause why they should not pay him $2000, the value of the bridge. Counsel for the Inferior…
1Opinion of the Court
By the Court.
Starnes J.,
delivering the opinion.
[1.] The contract with Abner M. House was, that the plaintiffs in error, would pay him what the bridge should he reasonably worth, or the value to ho assessed by Godwin or Bates..
In our judgment, the effect of such a contract is, that if the partios could not agree upon what the bridge was reasonably worth, the matter should be submitted to the arbitrament and award of Godwin or Bates. And this latter stipulation being in the nature of a parol agreement, to refer the question to arbitration, is of course subject to the incidents of such an…
2Cited by19 opinions
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Riley v. JarvisWest Virginia Supreme Court · 1896
- Parsons v. AmbosSupreme Court of Georgia · 1904
- Lawrence v. WhiteSupreme Court of Georgia · 1909
- MILLICAN ELECTRIC CO. INC. v. FisherCourt of Appeals of Georgia · 1960
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