McGregor v. J. A. Ware Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Eon. John A. Talty, Judge. (1) The referee erred in finding that clause 16 was a part of the specifications which formed a part of the contract. (2) The referee erred in finding that plaintiff excavated no loose rock. (3) The referee erred in finding that both Mr. Cole and Mr. Moore, the engineers, had decided that plaintiff had excavated no loose rock, but that all material excavated by him was earth.
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Appeal from St. Louis City Circuit Court.— Eon. John A. Talty, Judge. (1) The referee erred in finding that clause 16 was a part of the specifications which formed a part of the contract. (2) The referee erred in finding that plaintiff excavated no loose rock. (3) The referee erred in finding that both Mr. Cole and Mr. Moore, the engineers, had decided that plaintiff had excavated no loose rock, but that all material excavated by him was earth. (4) Upon undisputed testimony, the referee should have rendered judgment in plaintiff’s favor for $600 and costs. (1) The referee as trier of the…
1Opinion of the CourtMarshall, J.
This is an action to recover $4,711.56 for work done by the plaintiff as a subcontractor under the defendant for doing certain excavation in the construction of the St. Louis, Peoria and Northern Railway, the defendant company being a subcontractor under the general contractor with the Railroad Company. The case was tried-by a referee, who found the facts in favor of the defendant and recommended a judgment in its favor. The plaintiff filed exceptions to the referee’s report, the circuit court overruled the exceptions and entered judgment for the defendant, and after proper steps the…
2Cases cited5 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Vogt v. ButlerSupreme Court of Missouri · 1891
- Bissell v. WardeSupreme Court of Missouri · 1895
- State ex rel. Friedman v. PurcellSupreme Court of Missouri · 1895
- Handlan v. McManusSupreme Court of Missouri · 1889
3Cited by14 opinions
- Menke v. ThompsonCourt of Appeals for the Eighth Circuit · 1944
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Myers v. Union Electric Light & Power Co.Supreme Court of Missouri · 1933
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
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