United States ex rel. Jennings v. Cooke

Citations

• 207 F. 682
• 1913 U.S. Dist. LEXIS 1341

Syllabus

<p>1. Contracts (§ 284*)—Construction Contracts—Performance—Decision of Engineer.</p> <p>It is competent for the parties to a building or construction contract to make it a term of their contract that the decision of an engineer or other officer of all or specified matters of dispute shall be final and conclusive as between them, and in the absence of fraud or mistake so gross as to necessarily imply bad faith the decision of the umpire'so selected will not be subjected to the revisory power of the courts.</p> <p>[Ed. Note.—For other cases, see Contracts, Gent. Dig. §§ 1292-1302, 1308-1310, 1312-1316, 1326-1338, 1340-1342, 1344-1346, 1350, 1351; Dec. Dig. § 284.*]</p> <p>2. Contracts (§ 198*)—Construction—Excavation Worn—“Kocn in Place.”</p> <p>Cement gravel held not to constitute “rock in place,” within the meaning of provisions of a contract classifying material to be excavated.</p> <p>[Ed. Note.—For other cases, see Contracts, Cent. Dig. §§ 861-877, 879-883; Dee. Dig. § 198.*</p> <p>For other definitions, see Words and Phrases, vol. 7, p. 6265.]</p> <p>3. Contracts (§ 47*)—Validity—Consideration.</p> <p>A circular letter, sent by the general contractors for government construction work to subcontractors, stating that they had raised the prices on certain classes of the work, held, under the evidence, not to have constituted a contract binding on the contractors for lack of consideration ; the proposal being furthermore subject to certain stated conditions, which it did not appear that the subcontractors had fulfilled.</p> <p>[Ed. Note.—For other cases, see Contracts, Cent. Dig. §§ 220, 221, 256-258; Dee. Dig. § 47.*]</p>