Kidwell v. Baltimore & Ohio Railroad
Supreme Court of Virginia
The following statement of the case has been prepared by Judge Moncure; On the 5th of August 1839 the appellant Zedekiah Kidwell contracted with the appellees, the Baltimore and Ohio railroad company, to build and complete, in a workmanlike manner, on or before the first day of September 1840, a bridge, with stone abutments and wooden superstructure, across Iyittle Cacapon creek; all the work and materials of which were to be approved by the engineer or agent of the said…
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The following statement of the case has been prepared by Judge Moncure; On the 5th of August 1839 the appellant Zedekiah Kidwell contracted with the appellees, the Baltimore and Ohio railroad company, to build and complete, in a workmanlike manner, on or before the first day of September 1840, a bridge, with stone abutments and wooden superstructure, across Iyittle Cacapon creek; all the work and materials of which were to be approved by the engineer or agent of the said company having the superintendence of the work, to entitle the said Kidwell to the compensation stipulated to be paid for…
1Opinion of the CourtMoncure, J.
after stating the case, proceeded:
The principal subject of controversy in this case is, the amount of compensation to which the appellant is entitled for the masonry of the two bridges made by him for the appellees. He charges nine dollars per perch for dressing, ranging and laying the stone, besides making other charges connected with the masonry; whereas the price stipulated in the contracts and allowed in the final estimates, for the entire masonry, is four dollars per perch for that of one of the bridges, and four dollars and ninety-four cents for that of the other. The difference between…
2Cited by18 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- G., H. & S. A. R'y Co. v. Henry & DilleyTexas Supreme Court · 1886
- Iaege v. BossieuxSupreme Court of Virginia · 1859
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
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