Mundy v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
Cross Appeals from tlie Circuit Court of the United States for the Middle District of Tennessee. This was a suit by J. A. Mundy, Jr., J. H. McTighe, and J. V. Hussey against the Louisville & Nashville Railroad Company to adjust the rights and claims arising out of a construction contract. From the decree entered by the circuit court, both parties appeal. This Is a controversy over the amount due the contractors under a railroad construction contract.
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Cross Appeals from tlie Circuit Court of the United States for the Middle District of Tennessee. This was a suit by J. A. Mundy, Jr., J. H. McTighe, and J. V. Hussey against the Louisville & Nashville Railroad Company to adjust the rights and claims arising out of a construction contract. From the decree entered by the circuit court, both parties appeal. This Is a controversy over the amount due the contractors under a railroad construction contract. The complainants, J. A. Mundy, Jr., a citizen of "Virginia, J. HI McTighe, a citizen of Arkansas, and J. V. Hussey, a citizen of Tennessee,…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). The controversy
which the complainants seek to make in this case is whether proper measurements and classifications of the excavation and embankment done by the complainants under the contract entitle them to uocover a large sum from the railroad company. One of the terms of the contract is that the measurements and classifications of the chief engineer of the defendant, as contained in his final estimate, shall be conclusive of the amount to be paid by the company to the contractors, in the absence of fraud or mistake. It is conceded by both parties that the amount…
2Cases cited9 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
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
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3Cited by22 opinions
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
- Memphis Trust Co. v. Brown-Ketchum Iron WorksCourt of Appeals for the Sixth Circuit · 1909
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