Universal Construction Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Where the engineer or other person is, in construction contracts, made an arbitrator to decide certain matters of fact, his decision is not binding as to matters not within the terms of the submission, nor where his decision is arbitrary, fraudulent, or plainly erroneous, nor where he misconstrues or fails to follow the contract provisions. Lewis v. Ry.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Where the engineer or other person is, in construction contracts, made an arbitrator to decide certain matters of fact, his decision is not binding as to matters not within the terms of the submission, nor where his decision is arbitrary, fraudulent, or plainly erroneous, nor where he misconstrues or fails to follow the contract provisions. Lewis v. Ry. Co., 49 Fed. 708; Williams v. Ry., 112 Mo. 463, 153 Mo. 487; Scott v. Parkview R. & I. Co., 241 Mo. 112, 255 Mo. 76; Hernán v. St. Louis, 213 Mo. 538; 30 Am. & Eng.…
1Opinion of the CourtWilliamson, J.
The plaintiff, the Universal Concrete Construction Company, sued the defendant, the City of St. Louis, in the sum of $212,088.96, as the balance claimed by plaintiff to be due it upon a contract for the building of the River Des Peres Foul Water Sewer. Defendant in its answer filed April 30, 1914, admitted liability in the sum of $70,407.73. Sundry payments were made by defendant thereafter and before judgment, and on December 6, 1916, judgment was ren-. dered in favor of plaintiff in the sum of $22,152.40. Both parties have appealed from this judgment. Separate appeals were taken, but they…
2Cases cited2 opinions
- City of St. Louis ex rel. Carroll-Porter Boiler & Tank Co. v. Parker-Washington Co.Supreme Court of Missouri · 1917
- Erwin v. NolanSupreme Court of Missouri · 1920
3Cited by6 opinions
- United Construction Co. v. City of St. LouisSupreme Court of Missouri · 1934
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
- State Ex Rel. Raleigh Investment Co. v. AllenSupreme Court of Missouri · 1922
- Kline Cloak & Suit Co. v. MorrisSupreme Court of Missouri · 1922
- State Ex Rel. Saline County v. WilsonSupreme Court of Missouri · 1921
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