Maysville, Washington, Paris & Lexington Turnpike Road Co. v. Waters

Judge Marshall

delivered the Opinion of the Court.

In August, 1830, a contract was entered into between these parties, by which Waters undertook to construct two sections of the road leading from Maysville to Lexington,. to be graded and covered with stone, to the depth of nine inches, according to the specification made in the contract; for which the company agreed to pay him’thirteen dollars sixty three cents for each pole in length, that the sections should measure when completed; that is to say, at the end of every sixty days, winter excepted, they were to pay such sum as the superintendent…