Martinsburg & Potomac Railroad v. March

Syllabus

<p>A contract for the construction of a railroad provided that the company’s engineer should, in all cases, determine questions relating to its execution, including the quantity of the several kinds of work to he done, and the compensation earned by the contractor at the rates specified ; that his . estimate Should be final aná, conclusive ; and that “ whenever the contract shall be completely pei^ormed on the part of the contractor, and the said engineer shajl certify Éhe same in writing under his hand, together with his estimate aforesaid, the said company shall, within thirty days after the receipt of said certificate, pay to the said contractor, in current notes, the sum which according to this contract shall be due: ” Held, That in the absence of fraud, or such gross mistake as would necessarily imply bad faith, or a failure to exercise an honest judgment, the action of the engineer in the premises was conclusive upon the parties,</p> <p>Kihlberg v. United States, 97 U. S. 398, and Sweeney v. United States, 109 U. S. 618, affirmed and applied. .</p>