Wilson v. Drainage District No. 2

Citations

• 113 Kan. 82
• 213 P. 635
• 1923 Kan. LEXIS 336

Syllabus

<p>SYLLABUS by the court.</p> <p>Contract — Construction of Drainage Ditch — Supervision of Engineer — Conclusiveness of His Decisions. This language in a contract for the construction of a ditch is held not to make the engineer’s estimates of the amount of earth excavated conclusive:</p> <p>“The engineer shall in all cases determine the quantities of the several kinds' of work to be paid for under this contract, and he shall decide all questions as to lines, levels, etc. Any doubt as to the plans and specifications will be explained by the engineer and his interpretation shall be final and binding upon the parties hereto.”</p>