Illinois Central R. R. v. Manion
Court of Appeals of Kentucky
Case 2 — Action Upon a Contract APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. This suit grows out of raising the roadbed of the appellant under a written contract of March 6, 1899. The work do be done under the direction of the engineer, who had power to reject any part of it, and who was to determine, the amount done, for which appellee was to receive 13% cents per cubic yard.
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Case 2 — Action Upon a Contract APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. This suit grows out of raising the roadbed of the appellant under a written contract of March 6, 1899. The work do be done under the direction of the engineer, who had power to reject any part of it, and who was to determine, the amount done, for which appellee was to receive 13% cents per cubic yard. Estimates to be made eacfi month, and ninety per cent, of the amount due paid on them and the balance on the final estimate. 2. Appellee receipted for…
1Opinion of the Court
Opinion of the court by.
JUDGE HOBSON
Affirming.
Appellee, Peter Manion, in the spring of the year 1899, made a contract with'appellant, the Illinois Central Railroad Company, to raise the roadbed of the company across the Ohio river bottoms pear Henderson, Ivy., and brought these suits, which were heard together, to recover a balance alleged to be due him for his work. It is stipulated in the contract that the engineer in charge should certify the amount done each month, and upon his certificate Manion should be paid 90 per cent, of the sum earned, the remaining 10 per cent, to be paid on the…
2Cases cited6 opinions
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Escott v. WhiteCourt of Appeals of Kentucky · 1873
- Popp v. L. & N. R. R. CompanyCourt of Appeals of Kentucky · 1897
- Memphis, Clarksville, & Louisville Railroad v. WilcoxSupreme Court of Pennsylvania · 1864
- Nevitt v. GillespieMississippi Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Freeman v. Stanbern Construction Co.Court of Appeals of Maryland · 1954
- Ward v. SmithWest Virginia Supreme Court · 1955
- Wehr Constructors, Inc. v. Steel Fabricators, Inc.Court of Appeals of Kentucky · 1988
- L. Romano Engineering Corp. v. StateWashington Supreme Court · 1941
- Teer v. George A. Fuller Co.Court of Appeals for the Fourth Circuit · 1929
13 more not listed; retrieve them via the Exa API.