G., H. & S. A. R'y Co. v. Henry & Dilley
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. The plaintiffs’ (appellees) petition was to set aside the determination of the engineer, as to the quantities and amounts of part of the work (rock bank hauled) done, and his decision upon the question which arose between the parties, during the progress of the work, in-the execution of a contract for railroad construction, made December 1, 1881; and to recover for such rock bank hauled in excess of the…
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. The plaintiffs’ (appellees) petition was to set aside the determination of the engineer, as to the quantities and amounts of part of the work (rock bank hauled) done, and his decision upon the question which arose between the parties, during the progress of the work, in-the execution of a contract for railroad construction, made December 1, 1881; and to recover for such rock bank hauled in excess of the quantities as determined by the engineer. The petition and the contract exhibited stated: “The quantities and amounts of the…
1Opinion of the Court
Willie, Chief Justice.
The appellant’s assignments of error question the judgment of the court below, only so far as it allows to Henry & Billey the sum of $32,737.50 for one hundred and nine thous- and one hundred and twenty-five cubic yards of hard rock hauled and embanked for the railway company, and ten per cent, upon that sum as a bonus for the early completion of the work. If the allowance of the principal sum above stated is correct, there is no doubt as to the right of the appellees to the ten per cent, bonus, as the whole work contracted for was completed within such time as entitled…
2Cases cited8 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Kistler v. Indianapolis & St. Louis RailroadIndiana Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- City of San Antonio v. McKenzie Construction Co.Texas Supreme Court · 1941
- Jones & Carey v. RisleyTexas Supreme Court · 1895
- Williams v. BaldwinTexas Commission of Appeals · 1921
- Kilgore v. North West Texas Baptist Educational SocietyTexas Supreme Court · 1896
- Austin Bridge Co. v. TeagueTexas Supreme Court · 1941
41 more not listed; retrieve them via the Exa API.