City of Atchison v. Rackliffe

Citations

• 78 Kan. 320
• 96 P. 477
• 1908 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Provision for an Umpire — Conclusiveness of His Decision. A contract for the construction of a city sewer provided additional compensation for “rock excavation.” It also contained a provision that the city engineer should in all cases determine the quality of all materials and decide all questions that should arise relative to the execution of the contract, and that his decisions should be final. Held, that the engineer was thereby empowered to decide whether in any particular instance the material excavated should be classified as rock for the purpose of entitling the contractors to such additional compensation, and his decision, if made in good faith, was conclusive.</p> <p>2. - Correctness of Umpire’s Decision Improperly Submitted to the Jury. Under the circumstances above stated, where the contractors sued for additional compensation upon the theory that the engineer wrongfully refused to classify as “rock” material which should have been so classified, it was error for the court to submit to the jury the question whether the engineer misconceived the terms of the contract in respect to the meaning to be given to the word “rock” and to instruct them that in such case his decision might be disregarded.</p> <p>3. - Additional Compensation — Quantum Meruit. Under such circumstances, if the contractors were entitled to recover at all upon the theory that the engineer had acted in bad faith, they were entitled to additional compensation at the rate fixed by the contract; although the contract provided that all measurements should be made by the engineer, his wrongful refusal to measure the work in controversy could not force them to rely upon a count for the reasonable value of their services.</p>