Ross v. McArthur Bros.
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. C. H. Phelps, Judge. The pleadings are quite lengthy, but the following is a sufficient statement thereof to an understanding of the questions discussed.
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Appeal from Lee District Court. — Hon. C. H. Phelps, Judge. The pleadings are quite lengthy, but the following is a sufficient statement thereof to an understanding of the questions discussed. The plaintiff’s petition shows, that the defendants, McArthur Bros., contracted in writing with the defendant company to grub and grade certain parts of its line of road, and that they sublet the grubbing and grading of certain sections thereof to the plaintiff by the contract in writing set out; that by said contract the plaintiff was to execute his part of the work under the direction and supervision…
1Opinion of the CourtGiven, J.
I. The contract between the appellant and McArthur Bros, contains this clause: “Second. The work shall be executed under the direction agreement: when ' and supervision ot the chief engineer ot said railway company, and his assistants, by whose measurements and calculations the quantities and amounts of the several kinds of work performed under this contract shall be determined, and whose determination shall be conclusive upon the parties thereto. * * * Said engineer shall decide every question which can or may arise between the parties in the execution of this contract, and his decision…
2Cases cited5 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Snell v. BrownIllinois Supreme Court · 1873
- Grant, Alexander & Co. v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1874
- Crumlish v. Wilmington & Western RailroadCourt of Chancery of Delaware · 1879
3Cited by12 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- City of Des Moines v. Des Moines Waterworks Co.Supreme Court of Iowa · 1895
- Eighmy v. Brotherhood of Railway TrainmenSupreme Court of Iowa · 1900
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