Legal Opinion

Eyre-Shoemaker, Inc. v. Buffalo, R. & P. R.

Court of Appeals for the Third Circuit

Decided February 3, 1912No. 1,558PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the Western District of Pennsylvania. Action at law by Eyre-Shoemaker, Incorporated, against the Buffalo, Rochester & Pittsburgh Railroad Company. Erom a judgment of compulsory ponsuit, plaintiff brings error. '

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In this case Eyre-Shoemaker, Incorporated, .a corporation of Delaware, brought suit against the Buffalo, Rochester & Pittsburgh Railroad Company, a corporation of Pennsylvania, to recover upon a railroad construction contract. At the termination of the plaintiff’s case, the court granted the defendant’s motion for a compulsory nonsuit, and on its refusal to take the same off plaintiff sued out this writ.

The case turns on the construction of that clause of the contract which provides:

“In order to prevent litigation or dispute, and to provide for the prompt settlement…

2Cases cited4 opinions

  1. Sweeney v. United StatesSupreme Court of the United States · 1884
  2. Conneaut Lake Agricultural Ass'n v. Pittsburg Surety Co.Supreme Court of Pennsylvania · 1909
  3. Brown v. Decker, Pennsylvania Court of Common Pleas, Philadelphia County1891
  4. Barclay v. DeckerhoofSupreme Court of Pennsylvania · 1895

3Cited by1 opinion

  1. Southern New England R. v. MarschCourt of Appeals for the First Circuit · 1931

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