Bean v. Miller
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. At the trial the plaintiffs introduced testimony tending to prove the following points and facts: 1. That plaintiffs worked themselves on the first seven miles of their contract, up to the 1st day of November, 1873, when they abandoned it. 2. That the remaining five miles of said contract was sub-let to other parties, who worked on that portion from time to time, until they abandoned their work in April or May,…
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Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. At the trial the plaintiffs introduced testimony tending to prove the following points and facts: 1. That plaintiffs worked themselves on the first seven miles of their contract, up to the 1st day of November, 1873, when they abandoned it. 2. That the remaining five miles of said contract was sub-let to other parties, who worked on that portion from time to time, until they abandoned their work in April or May, 1874. 3. That the defendant knew ,all the time of said sub-contractors; never objected to them, and agreed to it before…
1Opinion of the CourtNapton, J.
This suit was brought to recover the value of certain work performed by the plaintiffs, under a contract with defendant, and to understand the points made against the verdict and judgment for the plaintiffs, under instructions from the court, I insert from the abstract a copy of the contract.
Contract for Construction of the Chicago $ Atlantic Railway :
Made at Kenton, Hardin county, Ohio, by and between William Miller, of the first part, and H. E. Bean and J. W. Alsop, of Marion, Ohio, of the second part, witnesseth : That for and in consideration of the payments and cove^ nants hereinafter…
2Cited by15 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
- Berthold v. St. Louis Electric Construction Co.Supreme Court of Missouri · 1901
- Hieronymus Bros. v. Bienville Water Supply Co.Supreme Court of Alabama · 1901
- Moore v. Board of Regents for the Normal School in Distinct Number TwoSupreme Court of Missouri · 1909
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