Chicago, Santa Fé & California Railroad v. Price
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This action was brought by Price, McGavock & Co.', for the-use of Jones, Forrest & Bodkin, to recover from the Chicago, Santa Fé and California Bailroad Company the balance alleged to be due them under a written contract, made March 21, 1887, for the clearing, grubbing and masonry necessary to complete the road-bed-of that company from a point on the Mississippi Biver to Galesburg,…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This action was brought by Price, McGavock & Co.', for the-use of Jones, Forrest & Bodkin, to recover from the Chicago, Santa Fé and California Bailroad Company the balance alleged to be due them under a written contract, made March 21, 1887, for the clearing, grubbing and masonry necessary to complete the road-bed-of that company from a point on the Mississippi Biver to Galesburg, Illinois, a-distance of about fifty miles. The parties in writing waived a jury and tried the case before the court, which made…
1Opinion of the CourtJustice Harlan
The written contract between the parties in this case does not materially differ from the one before this court in Martinsburg & Potomac Railroad Co. v. March, 114 U. S. 549, 553. In that case the contractor did not allege in his declaration that the engineer ever certified in writing the complete performance of the contract, together with an estimate of the work done and the amount of compensation due him according to the prices established by the parties; which certificate and estimate was made by the agreement a condition of the liability of the company to pay the contractor the balance,…
2Cases cited3 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweeney v. United StatesSupreme Court of the United States · 1884
3Cited by98 opinions
- United States v. WunderlichSupreme Court of the United States · 1951
- United States v. GleasonSupreme Court of the United States · 1900
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
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