Aldrich v. Columbia Railway Co.
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by Stephen W. Aldrich against the Columbia Southern Railway Company in Wasco County, November 18, 1898, to recover money alleged to be due for grading done on the right of way for a railroad.
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From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by Stephen W. Aldrich against the Columbia Southern Railway Company in Wasco County, November 18, 1898, to recover money alleged to be due for grading done on the right of way for a railroad. It is averred in the complaint that plaintiff entered into a contract with the defendant, a corporation, whereby it agreed to pay him sixty-seven and one half cents per cubic yard for all earth or stone removed from cuts, and the same price for each cubic yard of said material placed in fills, in grading a part of its line of railway…
1Opinion of the CourtJustice Moore
The controversy involved herein relates to the terms of the agreement entered into by the parties hereto. Plaintiff’s counsel contend that he was to receive sixty-seven and one half cents for each cubic yard of material removed from cuts, and the same sum . per cubic yard for placing it in fills; while defendant’s counsel insist that he was entitled to only one payment for one movement of the same material, and that when he took *267material from a cut, and used it in making a fill, he was to be paid only sixty-seven and one half cents per cubic yard therefor. The transcript shows that, after…
2Cases cited11 opinions
- Myers v. MurphyIndiana Supreme Court · 1878
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- State v. ColeSupreme Court of Iowa · 1883
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Nutt v. Southern Pacific Co.Oregon Supreme Court · 1894
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3Cited by9 opinions
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- Filkins v. Portland Lumber Co.Oregon Supreme Court · 1914
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- Portland & O. C. Ry. Co. v. SandersOregon Supreme Court · 1917
- Sullivan v. WakefieldOregon Supreme Court · 1911
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