Maney v. Idaho Construction Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action to recover on account. Judgment for defendant.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action to recover on account. Judgment for defendant. A provision in a building contract referring all matters in dispute to an engineer, architect or arbitrator for decision and declaring his decision thereof to be conclusive and final is valid and binding upon the parties in the absence of fraud, collusion or such gross error or mistake as would imply bad faith or failure to exercise an honest judgment on the part of the engineer. (Martinsburg & P. B. Co. v. March, 114 U. S.…
1Opinion of the CourtRice, J.
In July, 1910, the appellants entered into a contract with the Pacific & Idaho Northern Ry. Co., for the construction of the roadbed of said company from Evergreen, Idaho, to New Meadows, Idaho, a distance of about fourteen miles. Shortly afterward respondent entered into a contract with the appellants whereby as subcontractor it agreed to construct about three miles of the work. ' The appellants in their complaint alleged that during the construction of the work they paid out money upon time checks, orders, etc., and furnished supplies, teams and men for respondent in an amount aggregating…
2Cases cited3 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Illinois Central R. R. v. ManionCourt of Appeals of Kentucky · 1902
- Popp v. L. & N. R. R. CompanyCourt of Appeals of Kentucky · 1897
3Cited by5 opinions
- Ward v. SmithWest Virginia Supreme Court · 1955
- Crawford v. ShintafferSupreme Court of Oklahoma · 1923
- Haydon v. BransonIdaho Supreme Court · 1920
- White v. Village of Soda SpringsIdaho Supreme Court · 1928
- Shore v. WallaceSupreme Court of Colorado · 1947