Norfolk & Western Railroad v. Mills & Fairfax
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Roanoke city, rendered September 27,1894, in an action of covenant, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. This was an action to recover damages for a breach of covenant. The plaintiffs had contracted to construct a tunnel and do other work for the defendant, and the parties disagreed as to the price to be paid per cubic yard for certain portions of the work.
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Error to a judgment of the Circuit Court of Roanoke city, rendered September 27,1894, in an action of covenant, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. This was an action to recover damages for a breach of covenant. The plaintiffs had contracted to construct a tunnel and do other work for the defendant, and the parties disagreed as to the price to be paid per cubic yard for certain portions of the work. The contract provided that the chief engineer of the defendant company should from time to time make estimates of the wort, and when…
1DissentBuchanan, J.
I am unable to concur in the opinion and conclusion reached by the majority of the court in this case.
As I understand the law, the trial court erred in giving and refusing instructions to the jury to the prejudice of the defendant company, the plaintiff in error here, for which its judgment ought to be reversed.
By the third clause of the contract sued on it was agreed between the parties that it should be the duty of the chief engineer of the defendant company to make and certify monthly estimates of the work done and the' materials furnished, and the charges for the same according to the…
2Cases cited4 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Kidwell v. Baltimore & Ohio RailroadSupreme Court of Virginia · 1854
- Barker & Haight v. Estate of BelknapSupreme Court of Vermont · 1855