Shields v. Norton
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here on writ of error to review a judgment entered upon a verdict of a jury in the United States Circuit Court for the Southern District of New York, in favor of the defendant in error (plaintiff below), for the sum of $5,119.51, damages and costs.
1Opinion of the Court
TOWNSEND, Circuit Judge.
Prior to June 23, 1900, the defendant entered into a contract with John B. McDonald for the building of a portion of the Rapid Transit Subway for the city of New York. On said day the plaintiff wrote the defendant the following letter:
“Mr. John Shields—Dear Sir: I will lay the water pipes on the Boulevard between 104th and 125th Sts. for the following prices: Laying 20" pipe including excavation, backfill and all connections for the sum of $2.10 per linear foot. For laying 20" pipe only with connections and not including excavation or backfill $1.25 per linear foot. *…
2Cases cited3 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Lincoln v. OrthweinCourt of Appeals for the Fifth Circuit · 1903
- Allen v. FieldCourt of Appeals for the Second Circuit · 1904
3Cited by3 opinions
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
- New Jersey Shipbuilding & Dredging Co. v. Long Beach on the Ocean, Inc.District Court, E.D. New York · 1924
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1923