Cleveland & Pittsburgh Railroad v. Kelley
Ohio Supreme Court
In error to the Court of Common Pleas of Columbiana County. So far as the question decided in this case is concerned, the facts may be stated as follows : The suit in the common pleas was brought by the defendants in error to recover a balance due them for work done for the plaintiff in error, in the construction of the Tuscarawas Extension of its railroad, in pursuance of written contracts between the parties.
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In error to the Court of Common Pleas of Columbiana County. So far as the question decided in this case is concerned, the facts may be stated as follows : The suit in the common pleas was brought by the defendants in error to recover a balance due them for work done for the plaintiff in error, in the construction of the Tuscarawas Extension of its railroad, in pursuance of written contracts between the parties. Before and at the time the contracts were executed, the Chief Engineer of the railroad company announced to those who were giving in their bids for the work, that they would be…
1Opinion of the CourtJ. R. Swan, J.
The only question which it is deemed necessary to decide in this case is, whether the court of common pleas erred in changing the measure of damages awarded by the referees, from the market value to the par value of the stock, found due by them. We do not pass upon the errors suggested by the defendants in error, in the argument of their counsel.
In contracts in which a party is to receive for his labor, not money, but the transfer of property, the original consideration is not open to inquiry; but the value of the property which is to be transferred is the measure of damages; and, in general,…
2Cases cited7 opinions
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brooks v. HubbardSupreme Court of Connecticut · 1819
- Perry v. SmithSupreme Court of Vermont · 1850
- Phelps v. RileySupreme Court of Connecticut · 1820
- Cole v. RossCourt of Appeals of Kentucky · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Henry v. North American Ry. Const. Co.Court of Appeals for the Eighth Circuit · 1907
- Haskins v. DernUtah Supreme Court · 1899
- Gibson v. Whip Publishing Co.Missouri Court of Appeals · 1888
- Memphis v. BrownU.S. Circuit Court for the District of Western Tennessee · 1872
4 more not listed; retrieve them via the Exa API.