Legal Opinion

Champlain Const. Co. v. O'Brien

U.S. Circuit Court for the District of Vermont

Decided November 19, 1900PublishedCited by 22 opinions

In Equity. On motions by defendants to dissolve a preliminary injunction, and by complainant to remand to state court.

1Opinion of the Court

WHEELER, District Judge.

The plaintiff is building the Rutland-Oanadian Railroad, and the defendants are contractors for doing tbe work, under a written contract, with specifications by wbicb it was to be done by October 1, 1899. The contract provides:

“Third. It is further agreed that if at any time the progress of the work or the character of appliances and materials furnished is not such as, in the opinion of the company’s chief engineer, will secure the completion of this contract within the time stipulated herein, or is not in accordance with the said specifications, then the company may…

2Cases cited2 opinions

  1. W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
  2. Hamilton v. FowlerU.S. Circuit Court for the District of Western Tennessee · 1897

3Cited by22 opinions

  1. Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
  2. Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
  3. Sood v. Advanced Computer Techniques CorporationDistrict Court, E.D. Virginia · 1969
  4. Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
  5. Morbeck v. Bradford-Kennedy Co.Idaho Supreme Court · 1910

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