Lewis v. Chicago, S. F. & C. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. STATEMENT BY THAYER, DISTRICT JUDGE. This was a suit to recover a balance claimed to be due for grading a • portion of defendant’s railroad in the' state of Missouri. The plaintiffs were subcontractors under McArthur Bros.
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In Equity. STATEMENT BY THAYER, DISTRICT JUDGE. This was a suit to recover a balance claimed to be due for grading a • portion of defendant’s railroad in the' state of Missouri. The plaintiffs were subcontractors under McArthur Bros. The contract under which the work was done contained the following clause: “The work shall be executed under the direction and supervision of the chief engineer of said railway company and his assistants, by whose measurements and calculations the quantities and amounts of the several kinds of work performed under this contract shall bfe determined, and whose…
1Opinion of the Court
Thayer, District Judge,
(after stating the facts as above.) For the information of counsel the court states the conclusions it has reached concerning the various questions of law and fact that have arisen in this case as follows:
First. The second clause in the contract, declaring that the engineer’s measurements and calculations of the quantity and amount of the several kinds of work, and also that his classification of the material contained in excavations, shall be “final and conclusive,” is a valid provision, and is binding upon the parties to the agreement. Therefore there can be no…
2Cases cited4 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Brush v. FisherMichigan Supreme Court · 1888
- Torrance v. AmsdenU.S. Circuit Court for the District of Ohio · 1844
3Cited by16 opinions
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Elliott v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1896
- Mundy v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1895
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