Western Union Railroad v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Carroll county; the Hon. W. W. Heaton, Judge, presiding. This was an action of assumpsit, brought by Franklin Smith against the Western Union Eailroad Company, to recover a balance claimed to be due, for work and labor under a contract, and for extra work outside of the written agreement. The material facts of the case are stated in the opinion.
1Opinion of the CourtChief Justice Walker
It appears that on the 29th day of March, 1865, Eandall W. Smith entered into an agreement with the Northern Illinois Eailroad Company to grade and construct the earth-worlc on the line of then* road, between Fulton and Port Byron. The contract was in writing, and signed by the parties. From time to time there were changes made in the contract, by the company agreeing to pay him for grubbing, for rock excavation, and trestle-work, at prices specified in the additional agreements. Smith proceeded with the performance of the work, until in October of that year, when, by a mutual agreement of…
2Cited by14 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Drainage Dist. No. 1 v. RudeCourt of Appeals for the Eighth Circuit · 1927
- Louisville & Nashville Railroad v. HollerbachIndiana Supreme Court · 1886
- Hennecke v. Harold Warp & Flex-O-Glass, Inc.Appellate Court of Illinois · 1952
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