Quarry Co. v. Clements
Ohio Supreme Court
Error to the District Court of Cuyahoga county. So far as necessary to present the point reserved for decision, the following is a statement of the facts: The action below was brought by The Baldwin Quarry Co., the present plaintiff, against Robert J. Clements, defendant, to recover a balance due for stone furnished for and used in the construction of a bridge by defendant for Cuyahoga county.
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Error to the District Court of Cuyahoga county. So far as necessary to present the point reserved for decision, the following is a statement of the facts: The action below was brought by The Baldwin Quarry Co., the present plaintiff, against Robert J. Clements, defendant, to recover a balance due for stone furnished for and used in the construction of a bridge by defendant for Cuyahoga county. The contract was in writing, and stipulated “ That said party of the second part agrees to furnish to the said party of the first part, good bridge stone at $4.50 per perch, to be measured m the wall.…
1Opinion of the CourtJohnson, J.
The evidence of usage failed to show that either sixteen and one-half or twenty-five cubic feet made a perch, in this class of work. It left the meaning of the term perch ambiguous and uncertain. In this state of the proof, the defendant offered to prove that the word perch was not used by either of them, and that the parties verbally agreed on 18 cents per cubic foot as the price of the stone, and that the at*590torney employed to reduce the contract to writing, of his own motion, and without instructions from either party, made the change from feet to perch, and the price from 18 cents per…
2Cases cited6 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Hart v. HammettSupreme Court of Vermont · 1846
- Barrett v. StowIllinois Supreme Court · 1854
- Atwood v. Bank of ChillicotheOhio Supreme Court · 1841
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