Eyre-Shoemaker, Inc. v. Buffalo, R. & P. R.
Court of Appeals for the Third Circuit
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
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Conneaut Lake Agricultural Ass'n v. Pittsburg Surety Co.Supreme Court of Pennsylvania · 1909
- Brown v. Decker, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Barclay v. DeckerhoofSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Southern New England R. v. MarschCourt of Appeals for the First Circuit · 1931