Shephard v. St. Charles Western Plank Road Co.
Supreme Court of Missouri
Error to St. Lonis Circuit Court. William Shephard and Thomas Spence contracted with the St. Charles Western Plank Road Company “ to do the necessary masonry, grading, gutters and all things else pertaining to the complete graduation and masonry of the first division of the St. Charles Western Plank Road.”
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Error to St. Lonis Circuit Court. William Shephard and Thomas Spence contracted with the St. Charles Western Plank Road Company “ to do the necessary masonry, grading, gutters and all things else pertaining to the complete graduation and masonry of the first division of the St. Charles Western Plank Road.” It was further stipulated that the company would pay the contractors “ at the rate of sixteen cents per cubic yard for all excavation of earth done on said road under this contract; two dollars and sixty cents per perch of twenty-five cubic feét for masonry laid in approved lime mortar, and…
1Opinion of the CourtScott, Judge
There is no doubt that by the terms of the contract the plaintiffs were bound to make all the excavations necessary to grade the road, of whatever materials they were composed; and, had they agreed to make the excavations at a certain price, they would have been bound to do it, notwithstanding the material of the excavation was different from what it was supposed and the removal of it was attended with a greatly increased cost. This is the principle of the case of Boyle v. Agawam Canal Co. 22 Pick. 381, relied on by the defendant, and in which we entirely concur. This is a familiar principle…
2Cited by5 opinions
- Davis v. Commissioners of SewerageDistrict Court, W.D. Kentucky · 1936
- Wagoner v. Turpin Park Irrigation Co.Wyoming Supreme Court · 1971
- United States v. Henke Const. Co.U.S. Circuit Court for the District of Western Missouri · 1945
- Blair v. CorbySupreme Court of Missouri · 1866
- Griffith v. DowdSupreme Court of Minnesota · 1916