Leading American Railway Cases; On Many of the Important Questions Involved in the Law of Railways, Arranged According to Subjects Volume 1

Leading American Railway Cases; On Many of the Important Questions Involved in the Law of Railways, Arranged According to Subjects Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...than a mere arithmetical calculation, in simple proportion, which any one could institute in twenty minutes. vo1.. 1. 21 327 See Roberts 0. Bury Improvement Commissioners, L. R. 4 C. P. 755; s. c. 5 id. 310; Jones v. St. John's College, L. R. 6 Q. B. 11.5. ' THE RIGHT To nncovsn, As UPON A QUANTUM ll-fnnmr, Fon Wonx norm AND MATERIALS FURNISHED on A RAILWAY; BUT nor STRICTLY IN COMPLIANCE WITH ALL THE TERMS or THE SPECIAL CONTRACT. Jllcrrill et al. v. It/taca and Owcgo Railway, 16 Wendelfs Reports, 586. Where work done under a special contract is not completed within the time limited for its performance, but is progressed in after the day, with the assent of the party for whom the work is done, a_ recovery may be had under the common counts for the work done; but the plaintiff is confined to the rate of compensation fixed by the contract, whether one party or the other be the innocent cause of the delay, where there is no intimation during the progress of the work of an intention to demand a different rate of compensation. But where the delay is caused by the wilful acts or omissions of the party for whom the work is done, originating in a premeditated design to embarrass and throw obstacles in the way of performance by the other party, who, notwithstanding, proceeds and bestows his time and labor in attempting the completion of the job, until in despair he finally abandons the work, the rule that the special contract must control as to the rate of compensation no longer prevails, and the party is entitled to recover under a quantum meruit. A party who has performed labor for another, cannot, in an action to recover for such work, produce in evidence check--rolls, or accounts of the number of days' work performed by...show more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123694562X
  • 9781236945624