Legal Opinion

Carlile v. Corrigan

Supreme Court of Arkansas

Decided May 13, 1907PublishedCited by 22 opinions

Appeal .from Pulaski Chancery Court, Jesse C. Hart, Chancellor ; 1. The interveners were not bound by the decision and final estimate of the chief engineer, as per stipulation in the principal contract, if such agreement was made with the principal contractors. No such verbal contract was .proved or made. If such a contract was made, Corrigan & Company waived the provision that the measurements and classifications of the chief engineer were final. 19 Fed.

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Appeal .from Pulaski Chancery Court, Jesse C. Hart, Chancellor ; 1. The interveners were not bound by the decision and final estimate of the chief engineer, as per stipulation in the principal contract, if such agreement was made with the principal contractors. No such verbal contract was .proved or made. If such a contract was made, Corrigan & Company waived the provision that the measurements and classifications of the chief engineer were final. 19 Fed. Rep 244; 15 Gray, 231; 45 N. J. R. 215. But B. Corrigan, under his agreement with Dunne, at Chicago, in August, is bound by the findings,…

1Opinion of the CourtMcCulloch, J.

Bernard Corrigan & Co., a firm composed of Bernard Corrigan, Pat Dowling and George M. Garvey, in March, 1901, entered into a contract, with the Western Oklahoma Railroad Company, for the construction of one hundred and seventeen miles of railroad in the Indian Territory.

The contract stipulated that, in order to prevent disputes between the contracting parties concerning the provisions of the contract or the matter of performance thereof, “the chief engineer of the railroad company * * * shall be, and he is hereby, made, constituted and appointed the umpire to finally decide all such…

2Cases cited3 opinions

  1. Hot Springs Ry. Co. v. MaherSupreme Court of Arkansas · 1886
  2. Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
  3. Ozan Lumber Co. v. HaynesSupreme Court of Arkansas · 1900

3Cited by22 opinions

  1. Foster v. GravesSupreme Court of Arkansas · 1925
  2. Fulwider v. WoodsSupreme Court of Arkansas · 1971
  3. Wilborn v. ElstonSupreme Court of Arkansas · 1946
  4. Ark. State Highway Comm. v. ElliottSupreme Court of Arkansas · 1962
  5. Wear v. BoydstoneSupreme Court of Arkansas · 1959

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