Choctaw & M. R. Co. v. Newton
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On November 29, 1898, the Choctaw & Memphis Railroad Company entered into a contract with the Choctaw Construction Company for the acquisition of a line of railroad between the Mississippi river and Little Rock, in the state of Arkansas, and to construct a railroad from the western terminus of the Little Rock & Memphis Railroad to the western boundary of the state.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On November 29, 1898, the Choctaw & Memphis Railroad Company entered into a contract with the Choctaw Construction Company for the acquisition of a line of railroad between the Mississippi river and Little Rock, in the state of Arkansas, and to construct a railroad from the western terminus of the Little Rock & Memphis Railroad to the western boundary of the state. On November 30, 1898, the Choctaw Construction Company entered into a contract with McCarthy & Reichardt for the construction of about 65…
1Opinion of the CourtPhilips, District Judge
The parties to the contract in question in the most solemn form and explicit terms conferred upon Mr. Molitor, the chief engineer of the railroad company, most plenary powers and wide discretion in determining the nature and character of the work in its progress, the classification of material, the estimation for payments, and under what head the compensation therefor should be allowed. A reference to paragraph 25 of the contract shows that this power was conferred upon the chief engineer to prevent disputes or misunderstandings between the parties relative to any of the stipulations and…
2Cases cited15 opinions
- Graves v. United StatesSupreme Court of the United States · 1893
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Clifton v. United StatesSupreme Court of the United States · 1846
- Runkle v. BurnhamSupreme Court of the United States · 1894
- United States v. BuddSupreme Court of the United States · 1892
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3Cited by35 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Empson Packing Co. v. ClawsonSupreme Court of Colorado · 1908
- McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
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