Norfolk & Western Railroad v. Mills & Fairfax
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Roanoke city, rendered September 27,1894, in an action of covenant, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. This was an action to recover damages for a breach of covenant. The plaintiffs had contracted to construct a tunnel and do other work for the defendant, and the parties disagreed as to the price to be paid per cubic yard for certain portions of the work.
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Error to a judgment of the Circuit Court of Roanoke city, rendered September 27,1894, in an action of covenant, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. This was an action to recover damages for a breach of covenant. The plaintiffs had contracted to construct a tunnel and do other work for the defendant, and the parties disagreed as to the price to be paid per cubic yard for certain portions of the work. The contract provided that the chief engineer of the defendant company should from time to time make estimates of the wort, and when…
1Opinion of the CourtCardwell, J.
This case is the sequel to the case of Mills & Fairfax v. N. & W. R. R. Co., 90 Va. 528, and grows out of a contract under seal between Mills & Fairfax and the N. & W. R. R. Co., dated the 1st day of February, 1887, whereby Mills & Fairfax agreed with the railioad company to build a specified portion of the Elkhorn blanch of the Flat Top extension of the company’s line of railroad, including the tunnel to be excavated to a finished section in a rectangular shape sixteen feet wide and nineteen feet high above sub-grade, through the Flat Top mountain on the Number 3 Coal Bed. The contract is…
2Cases cited1 opinion
- Mills & Fairfax v. Norfolk & Western R. R.Supreme Court of Virginia · 1894
3Cited by30 opinions
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- McDonald's Adm'r v. Norfolk & Western RailroadSupreme Court of Virginia · 1897
- Waverly Water-Front & Improvement Co. v. WhiteSupreme Court of Virginia · 1899
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