J. R. Meyers & Co. v. Pacific Construction Co.
Oregon Supreme Court
Benton county: R. S. Bean, Judge. Defendant appeals. Not having alleged any submission of the differences between the parties to the decision of the divisional engineer, the corn-plaint fails to state a cause of action, and it was error on that account to allow any evidence whatever to go to the jury in sup= port of the allegation of short measurements and wrong classification. (Howard v. R. R. Go. 69 Pa. St. 489; Mason v. Bridge, 14 Me. 468, 31 Am.
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Benton county: R. S. Bean, Judge. Defendant appeals. Not having alleged any submission of the differences between the parties to the decision of the divisional engineer, the corn-plaint fails to state a cause of action, and it was error on that account to allow any evidence whatever to go to the jury in sup= port of the allegation of short measurements and wrong classification. (Howard v. R. R. Go. 69 Pa. St. 489; Mason v. Bridge, 14 Me. 468, 31 Am. Dec. 66; McAvoy v. Long, 13 111. 147; JJ. 8. v. Robinson, 9 Pet, 319; Perkins v. U. 8. Electric L. Co. 16 Fed, Rep. 513; Hood v. Hartshorn, 100…
1Opinion of the CourtLord, J.
— This action was brought by the plaintiffs against the defendant for work and labor performed by them under three separate contracts set out in the complaint, and also for damages alleged to have been sustained for breach of these contracts by the defendant. All the contracts contain the same provisions, and are identical except that they cover different times for their performance, and different portions of the railroad to be constructed. They are minute in detail, specifying the prices to be paid for the various kinds of work to be performed, and prescribing what is solid rock, what is…
2Cases cited8 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Humaston v. Telegraph Co.Supreme Court of the United States · 1874
- Snell v. BrownIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Ball v. DoudOregon Supreme Court · 1894
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- Houston v. BriggsOregon Supreme Court · 1967
- Shepard & Morse Lumber Co. v. CollinsOregon Supreme Court · 1953
3 more not listed; retrieve them via the Exa API.