Savannah & Charleston Railroad v. Callahan
Supreme Court of Georgia
Contracts. Time. Damages. Before Judge Tompkins. Chatham Superior Court. May Term, 1875. Callahan and Drane, as surviving partners of the firm of McDowell, Callahan & Company, sued the Savannah and Charleston Railroad Company on an account.
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Contracts. Time. Damages. Before Judge Tompkins. Chatham Superior Court. May Term, 1875. Callahan and Drane, as surviving partners of the firm of McDowell, Callahan & Company, sued the Savannah and Charleston Railroad Company on an account. Their demand was set out in different forms in as many different bills of particulars, but may be briefly stated as follows: 1. For balance due on a contract to reconstruct a part of the Savannah and Charleston Railroad for the fixed amount of $475,000 oo in bonds of the company, of which $430,000 00 had been paid, leaving unpaid $45,000 00 in bonds,…
1Opinion of the Court
Bleckley, Judge.
1, 2, 3. In the argument here, counsel did not insist on an examination of the errors assigned on the charge of the court or on the court’s refusal to charge. The question discussed was whether, upon the evidence, including a proper construction of the contract, the verdict could be maintained. We have announced our views very fully in the head-notes. We have no 'doubt that the contract fixes the agreed compensation for the whole work at $475,000 00 in bonds. No final estimate is provided for. There were to be monthly estimates as the work progressed, but when all was finished…
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