Martinsburg & Potomac Railroad v. March
Supreme Court of the United States
IN ERROR -TO THE DISTRICT CÓURT OR THE UNITED STATES FOR THE DISTRICT OR WEST VIRGINIA. This was a suit at. law to recover a balance claimed to be due the defendant in error as plaintiff below, for grading and masonry on a section of the road of the plaintiff in error.
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IN ERROR -TO THE DISTRICT CÓURT OR THE UNITED STATES FOR THE DISTRICT OR WEST VIRGINIA. This was a suit at. law to recover a balance claimed to be due the defendant in error as plaintiff below, for grading and masonry on a section of the road of the plaintiff in error. The contract, which was substantially set forth in the declaration, contained the following provisions, among others: 1. “To prevent all disputes, it is hereby mutually agreed that the*said engineer shall, in all cases, determine the amount or quantity of the several kinds of work which are to be paid for under this contract,…
1Opinion of the Court
Me. Justige HaklaN
delivered the opinion of the court.
This case is within the principles announced in Kihlberg v. United States, 97 U. S. 398, and Sweeney v. United States, 109 U. S. 618.
Kihlberg sued the "United States upon a contract for the transportation of military, Indian, and government stores and supplies from points on the Kansas Pacific Railway to posts arid stations in certain States and Territories. The contract provided for payment for transportation “ in all cases according to the distance from the place of departure to that of delivery, the distance to be ascertained -and fixed…
2Cases cited2 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Sweeney v. United StatesSupreme Court of the United States · 1884
3Cited by192 opinions
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- United States v. WunderlichSupreme Court of the United States · 1951
- United States v. GleasonSupreme Court of the United States · 1900
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States v. MoormanSupreme Court of the United States · 1950
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