Herrick v. Estate of Belknap
Supreme Court of Vermont
[IN CHANCERY.] Provision in contract for railroad construction, that the engineer’s estimate shall he conclusive. Jurisdiction .of chancpry in case of mistake or fraud in the estimates. Equitable clairps not barred if not presented to commissioners of deceased person’s estates. Practice. Requisites of a report of a master in chancery upon taking an account.
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[IN CHANCERY.] Provision in contract for railroad construction, that the engineer’s estimate shall he conclusive. Jurisdiction .of chancpry in case of mistake or fraud in the estimates. Equitable clairps not barred if not presented to commissioners of deceased person’s estates. Practice. Requisites of a report of a master in chancery upon taking an account. Appeal from the court of chancery. *The Vermont Central Railroad Company contracted with Sew-all F. Belknap, for the construction of their railroad; and at a subsequent date, Belknap sub-let to the orator, or contracted with him for the…
1Opinion of the Court
The opinion of the court was delivered, at the April Term, 1855, by
Redfield, Ch. J.
This being a bill brought to obtain payment for work done on the Vermont Central Railroad, beyond, or aside of the estimates of the engineers; and the contract, by which the company let the work to Belknap,, and also that by which he under-let a portion of it to the plaintiff, containing a provision, in these words, “ and the engineer shall be the sole judge of the quality and “ quantity of the work, and from his decision there shall be no ap- “ peal,” the recovery can scarely be claimed upon any other but one…
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