Spaulding v. Coeur D'Alene Railway & Navigation Co.

Citations

• 5 Idaho 528
• 51 P. 408
• 1897 Ida. LEXIS 53

Syllabus

<p>Railroad Construction Contract — Harmless Error. — The court found that a certain contract was entered into by the parties, but omitted to find- that certain specifications referred to in said contract, and made a part thereof, were a part of the said contract. Held, under the facts of this case, that such amission was harmless error.</p> <p>Conflict in Evidence — Finding Must Stand. — Where there is a substantial conflict in the evidence, a finding of fact by the court, based thereon, will not be disturbed.</p> <p>Engineer Constituted Umpire. — Under the provisions of a contract for the construction of a railroad which provides that “to prevent disputes and misunderstanding, the engineer of the company is constituted the umpire, to settle the same,” and also to decide the “amount and quantity, character and kind of work and material performed and furnished, and that his decision shall be binding, final and conclusive,” held, that said stipulation imposes on the company the duty of employing an engineer who is thoroughly competent, upright and honest, and also to see to it that such engineer performs such duties fairly and honestly.</p> <p>Classification of Material to be Removed.. — Where, under a contract between plaintiff and defendant, it is specified that grading shall, include earth, “loose rock” and “solid rock,” after defining the terms “loose rock” and “solid rock,” earth is defined as follows: “All other material of whatever nature, including boulders measuring less than one cubic foot, and loose sand, rock, slate and shale, which can be excavated with picks, shall be estimated and considered earth, and under the head of excavation or embankment, as the case may be,” and in the progress of the work hard-pan is struck that cannot be excavated with picks, but requires blasting, and the plaintiff applied to the defendant for a “hard-pan” classification, and was informed that he should have a fair classification, under the contract, as to the hard-pan, the