Elliott v. Missouri, K. & T. Ry. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal taken by John S. Elliott from the decree of the circuit court which enjoins him from prosecuting an action at law in the court below to recover the purchase price of certain railroad ties, which he furnished to the Missouri, Kansas & Texas Railway Company, the appellee, under certain contracts between them.
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Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal taken by John S. Elliott from the decree of the circuit court which enjoins him from prosecuting an action at law in the court below to recover the purchase price of certain railroad ties, which he furnished to the Missouri, Kansas & Texas Railway Company, the appellee, under certain contracts between them. These parties agreed ‘in these contracts: That the appellant should furnish a large number of cross-ties to the railway company, that the railway company should pay him for all ties…
1Opinion of the Court
8A X BOliX, Circuit Judge,
after stating the facts as above, delivered the opinion of the court.
A provision in a contract to perform work or to furnish material, that the report, of an engineer, inspector, or arbiter as to the amount and quality of the work done or material furnished under the contract shall be conclusive upon the parties to the agreement, is a legal and binding stipulation, and can only be set aside for fraud, or for such gross mistakes as imply bad faith or a failure to exercise an honest judgment. Kihlberg v. U. S. 97 U. S. 398; Sweeney v. U. S., 109 U. S. 618, 3 Sup. Ct.…
2Cases cited8 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Empson Packing Co. v. ClawsonSupreme Court of Colorado · 1908
- McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
19 more not listed; retrieve them via the Exa API.