North Pacific Construction Co. v. Wallowa County

The plaintiff had two' contracts with the defendant connty to construct two pieces of road in that county under the usual form of highway contracts, each of which contained the following provision:

“The engineer shall determine the amount or quantity of the work which is to be paid for under this contract, and decide all questions which may arise relative to the fulfillment of these specifications, and his estimates and decisions shall be final and conclusive and binding upon both parties to this contract.”

When the work had been completed and accepted by the county, it became the duty of the…