Grand Rapids & Bay City Railroad v. Van Dusen

This was an action of assumpsit, brought by Van Dusen against the railroad company upon a contract for grading and preparing for ties about fourteen miles of road-bed (including clearing, grubbing, building culverts, bridges, cattle-guards, aud the necessary excavations, embankment and filling), and upon the common counts.

The contract is dated December 7th, 1871; was executed by three (of the five) members of the executive com mittee of the company, and on its behalf (no question being raised as to their authority), and by the plaintiff Van Du-sen, and John F. Willey, contractors, Willey…