Wood v. Chicago, S. F. & C. R.

The questions argued by counsel on the submission of the motions to strike out parts of the petitions do not properly arise, because the clause of the contracts making the engineer’s decision final and conclusive as to the amount and classification of work done is not pleaded in the petitions; and the contracts themselves, which are attached as exhibits, form no part of the record, according to the view that is taken in this state. As these petitions are framed, the allegation that the engineer’s estimates were fraudulent, collusive or erroneous is redundant matter, and might be properly…