Slater v. Emerson
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States for the district of Massachusetts. The facts are stated in the opinion of the court.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the district of Massachusetts. The facts are stated in the opinion of the court. The following points on behalf qf the plaintiff in error are taken from the brief of Mr. Bartlett, as being more condensed than those stated in the brief of Mr. Bates: I. The single question is, whether by the true and rational construction of the contract it was agreed and understood bei tween the parties that thé doing the work within the time prescribed was a condition on which the obligation of plaintiff to give his…
1Opinion of the Court
■ Mr. Justice McLEAN
delivered the opinion of the court.
This case is before us on a writ of error to the Circuit Court of Massachusetts.
The action was brought by Emerson against Slater, on an agreement made the 14th day of November, 1854, in which Emerson, “in consideration of the agreement of said Slater, hereinafter contained, and of one dollar to him paid, covenants and agrees, with said Slater, that he will complete all the bridge work to be done by him for the Boston and New York Central Railroad Company, ready for laying down the iron rails for one track, by the 1st day of December next.”
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