Hardeman v. Tabler, Crudup & Co.

The opinion of the Court was delivered by

Fenner, J.

The defendants had contracted with the New Orleans and North-Eastern Railroad Company for the construction of its roadbed on thirty sections, being numbers 24 to 53 inclusive, of which about six and one-half sections lay on Honey Island, being numbers 34 to 40 in-*556elusive. For tlie embankment on these last named sections they were to receive thirty-seven cents per cubic yard. The contract provided that the work was to be completed by November 15, 1882, and contained a stipulation to the effect that if, from any cause whatever other than acts…