Fitzgerald v. Fitzgerald & Mallory Construction Co.
Nebraska Supreme Court
Appeal from the district court of Lancaster county-Heard below before Tibbets, J. The case is stated in the opinion of Commissioner Ryan. The Construction Company should be allowed for the full amount agreed upon in bonds for building the first one hundred and fifty miles of road. The findings touching these two items are, in substance, that after the road was completed according to contract, they then modified it and threw off a thousand dollars a mile.
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Appeal from the district court of Lancaster county-Heard below before Tibbets, J. The case is stated in the opinion of Commissioner Ryan. The Construction Company should be allowed for the full amount agreed upon in bonds for building the first one hundred and fifty miles of road. The findings touching these two items are, in substance, that after the road was completed according to contract, they then modified it and threw off a thousand dollars a mile. There is no consideration for this pretended modification. The rule is well-established that where the facts show clearly a certain sum to…
1Opinion of the Court
Ryan, C.
• 1. In the district court of Lancaster county, Nebraska, John Fitzgerald, on behalf of himself and all other stockholders of the Fitzgerald & Mallory Construction Company,; filed his petition against said Construction Company and the Missouri Pacific Railway Company as defendants. This petition stated that the capital stock of the aforesaid Construction Company amounted to $1,500,000, divided into shares of $100 each; that of these, at the time of bringing suit, John Fitzgerald was the owner of 1,500 shares, Jay Gould of 4,000 shares, Sidney Dillon of 1,000 shares, Morton, Bliss &…
2Cases cited42 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- United States v. BostwickSupreme Court of the United States · 1877
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3Cited by17 opinions
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Stark v. OlsenNebraska Supreme Court · 1895
- Syracuse Trust Co. v. KellerSuperior Court of Delaware · 1932
- Ca 79-3158 Oklahoma Retail Grocers Association, an Oklahoma Corporation v. Wal-Mart Stores, Incorporated, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1979
- People's State Bank v. SmithNebraska Supreme Court · 1930
12 more not listed; retrieve them via the Exa API.