Vanderwerker v. Vermont Central Railroad
Supreme Court of Vermont
Arbitratin'1 s award, for what causes invalidated. Construction of various provisions in contract for building railroad. Conclusiveness of engineer's estimate. Extra worh. Authority of assistant engineer to bind the company. Defect in worh, when a bar to a recovery for the performance of it. Costs. Book Account.
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Arbitratin'1 s award, for what causes invalidated. Construction of various provisions in contract for building railroad. Conclusiveness of engineer's estimate. Extra worh. Authority of assistant engineer to bind the company. Defect in worh, when a bar to a recovery for the performance of it. Costs. Book Account. The only items in the plaintiffs’ account which were considered in the supreme court were, Item 4 Excavating for turn-table at Winooski depot, $49.42 “ 5. Taking out ice on track on Sec. 3, $194.51 “ 6. Cutting down hill at road crossing, $17.24 “ 8. Logging blasts, &c. $720.00 <{ 10.…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in September, 1855, by
Redfield, Ch. J.
In this case the contract is directly between the plaintiffs and the defendants, but resting in parol, the written contract between these plaintiffs and Belknap being referred to, as containing the terms of the contract, between these parties. Work was begun under this contract, on the 1st day of July, 1849, and was, by the terms of the contract, to have been completed by the 1st day of November, after.
No. 4, in the plaintiffs’ account, is the first item upon which any question arises. The…
2Cases cited2 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Thayer v. Vermont Central RailroadSupreme Court of Vermont · 1852
3Cited by13 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- In re the Arbitration between First National Oil Corp. & ArrietaNew York Supreme Court · 1956
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