Guild v. Andrews
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This was an action at law by the sewer district against George Guild, J. C. Guild, and the United States Fidelity & Guaranty Company to recover damages claimed to have been sustained by the plaintiff through the failure of the Guilds, for whom the guaranty company was surety, to construct and complete a sewer system in accordance with a contract entered into with the sewer district.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This was an action at law by the sewer district against George Guild, J. C. Guild, and the United States Fidelity & Guaranty Company to recover damages claimed to have been sustained by the plaintiff through the failure of the Guilds, for whom the guaranty company was surety, to construct and complete a sewer system in accordance with a contract entered into with the sewer district. The defense was that the sewer system had been constructed and completed under the supervision and to the satisfaction of…
1Opinion of the CourtVan Devanter, Circuit Judge
A stipulation in a contract like the one here sued upon, making an engineer, inspector, or other person the arbiter of the amount and character of the work done, its conformity to the contract, and the compensation to be paid, is valid and obligatory upon the parties, and the action of the arbiter thereunder is final and conclusive, in the absence of fraud or such gross mistakes as imply bad faith or a failure to exercise an honest judgment. Kihlberg v. United States, 97 U. S. 398, 24 L. Ed. 1106; Sweeney v. United States, 109 U. S. 618, 3 Sup. Ct. 344, 27 L. Ed. 1053; Martinsburg & Potomac…
2Cases cited8 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Menke v. ThompsonCourt of Appeals for the Eighth Circuit · 1944
- Siegel v. First Pennsylvania Banking and Trust Co.District Court, E.D. Pennsylvania · 1961
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- City of Granville v. Kovash, IncorporatedNorth Dakota Supreme Court · 1962
15 more not listed; retrieve them via the Exa API.