Henderson Bridge Co. v. McGrath
Supreme Court of the United States
ERROR TO THE OIROUXT COURT OF THE UNITED STATES FOR THE DISTRICT,, OF ÍNDIANA. This was an action at law brought by the defendants in error against the plaintiff in error in the Circuit Court of Yanderburgh County, Indiana, and. removed into the Circuit Court of the "United States for the District of Indiana.
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ERROR TO THE OIROUXT COURT OF THE UNITED STATES FOR THE DISTRICT,, OF ÍNDIANA. This was an action at law brought by the defendants in error against the plaintiff in error in the Circuit Court of Yanderburgh County, Indiana, and. removed into the Circuit Court of the "United States for the District of Indiana. The Henderson Bridge Company was a corporation of the State of Kentucky, organized, for .'the purpose of building a ’ bridge over the Ohio River from the city of Henderson, Kentucky, to the Indiana bank of the river, and a railroad thence to the city, of Evansville, Indiana, a distance…
1Opinion of the Court
Me. Justice Lamae,
after stating the case as above, de-( livered the oninion of the court. '
The main questions to be determined in the first branch- of this case are these :(1) Did the modification-of .the original specifications ancj profile, made, in August, 1884, fall within: the original con ‘tract, or-did it create a feature in the work to be done, so different from that originally contracted for as to put the defendants in error in a position to maké as to that feature a new contract ? -•(2) Did the enginéer, Hurlburt, have authority to make such new contract ?(3) Did the court err- in…
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