Legal Opinion

Shields v. Norton

Court of Appeals for the Second Circuit

Decided January 18, 1906No. 78PublishedCited by 3 opinions

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

  1. Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
  2. Lincoln v. OrthweinCourt of Appeals for the Fifth Circuit · 1903
  3. Allen v. FieldCourt of Appeals for the Second Circuit · 1904

3Cited by3 opinions

  1. United States v. BenedictCourt of Appeals for the Second Circuit · 1922
  2. New Jersey Shipbuilding & Dredging Co. v. Long Beach on the Ocean, Inc.District Court, E.D. New York · 1924
  3. Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1923

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