Omaha v. Hammond
Decision Date | 01 October 1876 |
Citation | 94 U.S. 98,24 L.Ed. 70 |
Parties | OMAHA v. HAMMOND |
Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the District of Nebraska.
The facts are stated in the opinion of the court.
Submitted on printed arguments by Mr. S. A. Strickland for the plaintiff in error, and by Mr. E. Wakely for the defendant in error.
The defendant in error, plaintiff below, sued the city of Omaha on a contract for the construction of two public wells in the streets of that city. The contract was in writing, and by its terms plaintiff was 'to sink and construct two wells, . . . said wells to be circular, twelve feet in diameter, and to be curbed with a brick wall nine inches in thickness, and arched over in a secure and proper manner, the whole to be completed under the supervision and to the satisfaction of the chief engineer of the fire department of said city.'
For this work the city was to pay plaintiff
These extracts from the agreement are all that are necessary to the decision of the case.
The plaintiff proved the construction of the wells under the supervision of the engineer to his entire satisfaction, and his final acceptance of them. But it was also proved that, while the main part of the wells was sunk to the depth of twenty to twenty-three feet of the diameter of twelve feet, the brick curbing of nine inches in thickness, built inside the shaft so sunk, reduced this diameter to ten and a half feet, and that smaller shafts of four or five feet in diameter were sunk below the bottom of the main well to the depth of several feet. These two circumstances constitute the defence of the city.
As to both of them, we think the city is concluded by the action of its own officer, the engineer, who was also, by the terms of the contract,...
To continue reading
Request your trial- Lynn v. U.S.
-
Martindale v. Town of Rochester
... ... City of ... Altoona (1888), 121 Pa. 401, 15 A. 636; ... Hostetter v. City of Pittsburgh (1884), 107 ... Pa. 419; City of Omaha v. Hammond (1876), ... 94 U.S. 98, 24 L.Ed. 70; Guild v. Andrews ... (1905), 137 F. 369, 70 C. C. A. 49; Brady v ... Mayor, etc ... ...
- Brown III v. O'Dea
-
Halvorson v. Blue Mountain Prune Growers Co-op.
... ... arbiter between the parties, and that, in the absence of ... fraud or mistake, they are bound by his decisions. City ... of Omaha v. Hammond, 94 U.S. 98, 24 L.Ed. 70; ... Dingley v. Greene, 54 Cal. 333; Central ... [188 Or. 673] Military Tract Railroad Co. v ... ...