Spaulding v. Coeur D'Alene Railway & Navigation Co.
Idaho Supreme Court
APPEAL from District Court, Kootenai County. It was error to allow respondent seventy cents per cubic yard for the removal of hard-pan. The specifications for grading contained in the contract provide as follows: Grading shall include earth, loose rock and solid rock.
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APPEAL from District Court, Kootenai County. It was error to allow respondent seventy cents per cubic yard for the removal of hard-pan. The specifications for grading contained in the contract provide as follows: Grading shall include earth, loose rock and solid rock. Loose rock shall include all detached masses of rock or boulders measuring not less than one cubic foot and less than one cubic yard, and all slate and shale in place which can be removed without blasting, although blasting may occasionally be resorted to. Solid rock shall include all rock in place and boulders measuring one…
1Opinion of the CourtSulliyan, C. J.
The appellant, the Coeur D'Alene Eailway and Navigation Company (a corporation), entered in*531to a contract with William L. Spaulding, the respondent, on the ninth day of August, 1886, by the terms of which respondent agreed to construct a line of railway from Old Mission, in Kootenai county, to Wardner Junction, in Shoshone county — a distance of about fourteen miles. The work of grading was to be completed, under the terms of said contract, by the tenth day of October, 1886. Work was commenced about the 20th of August — a few days after said contract was entered into. Prior to entering into…
2Cases cited6 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- State v. SnoderlyIdaho Supreme Court · 1940
- Northern Pac. Ry. Co. v. BoydCourt of Appeals for the Ninth Circuit · 1910
12 more not listed; retrieve them via the Exa API.