McAvoy v. Long
Illinois Supreme Court
This case was submitted upon the following agreed state of facts. Be it remembered, that the plaintiff, (McAvoy,) declared against the defendants in assumpsit, on the following contract of the parties, to wit: Meredosia, El., 6th November, 1850. We, the undersigned, committee for digging ditch near Meredosia, to drain Blinois bottom, do agree to pay Mr. Daniel McAvoy the sum of 12| cents per cubic yard of earth, measuring excavation in following manner, from the centre to…
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This case was submitted upon the following agreed state of facts. Be it remembered, that the plaintiff, (McAvoy,) declared against the defendants in assumpsit, on the following contract of the parties, to wit: Meredosia, El., 6th November, 1850. We, the undersigned, committee for digging ditch near Meredosia, to drain Blinois bottom, do agree to pay Mr. Daniel McAvoy the sum of 12| cents per cubic yard of earth, measuring excavation in following manner, from the centre to the one side, then to the other from centre also, thus: ■ the above measurement to be made by David L. Hodges; also, we…
1Opinion of the CourtTrumbull, J.
By the terms of the contract between the parties, David L. Hodges was appointed to measure the number of cubic yards of excavation in the ditch. He was, by mutual consent, appointed to perform that service, and the court cannot make for the parties a contract different from that which they have made for themselves. In the absence of fraud, his measurement of the quantity of work done under the contract is conclusive upon the parties, and neither is permitted to show it to be erroneous. Canal Trustees v. Lynch, 5 Gilm. 526.
The Circuit Court therefore decided correctly in rejecting the evidence…
2Cited by19 opinions
- G., H. & S. A. R'y Co. v. Henry & DilleyTexas Supreme Court · 1886
- Finney v. CondonIllinois Supreme Court · 1877
- Empson Packing Co. v. ClawsonSupreme Court of Colorado · 1908
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
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