O'Reilly v. Kerns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county. This was an action of assumpsit, commenced February 9th 1858, by Edward Kerns and Thomas Kerns, against Patrick O’Reilly. O’Reilly was a contractor for building the eastern division of the Lebanon Yalley, Railroad; the Kerns were contractors under him for four sections.
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Error to the Court of Common Pleas of Berks county. This was an action of assumpsit, commenced February 9th 1858, by Edward Kerns and Thomas Kerns, against Patrick O’Reilly. O’Reilly was a contractor for building the eastern division of the Lebanon Yalley, Railroad; the Kerns were contractors under him for four sections. Their contract, which was under seal, contained the following stipulations:— • ' “ To prevent all disputes, it is hereby mutually agreed, that the said engineer shall in all cases determine the amount or quantity of the several kinds of work which are to be paid for under…
1Opinion of the Court
The opinion of the court was delivered, April 26th 1866, by
Thompson, J.
It is not necessary to cite authorities for what is so well settled, as that where a railroad or canal company and its contractors, or in a contract between original and sub-contractors, it is agreed that to prevent disputes the engineer of the work shall in all cases determine the amount or quality of the several kinds of work which are to be paid for under the contract, and decide every question which can or may arise relative to the execution of the contract on the part of the contractor, that his decision has been…
2Cited by4 opinions
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- Chandley Bros. v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1901
- Brown v. Decker, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Commonwealth v. Eastern Paving Co., Pennsylvania Court of Common Pleas, Dauphin County1926