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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 97 of about 9,200 results (0.107 seconds)

May 26 1913 (FN)

City and County of Denver Vs. New York Trust Co.

Court : US Supreme Court

..... it is without authority to construct a new one; that the water company erroneously maintains that it is entitled to a renewal of the existing contract or franchise, and wrongfully refuses to insist upon a purchase by the city, and that, in this situation, the trust company is entitled, in ..... arising under the constitution of the united states, and attempts to support this general allegation by others referring to supposed and conjectured infractions of the contract and due process of law clauses of that instrument; but, when the true nature of the trust company's cause of action is considered ..... no obligation to exercise either; that neither page 229 u. s. 132 was exercised, and therefore that, the twenty-year limitation having expired, the contract or franchise was at an end. the water company, on the other hand, although not conceding the twenty-year limitation, was insisting that the ..... maintenance, and operation of a water plant; declared that the city should never exercise any option to purchase such a plant, or to renew any contract with reference thereto, otherwise than through an approving vote of the qualified electors; page 229 u. s. 131 authorized the issuance of bonds in the ..... for the respective agreements of the city and the company are upon each side the several agreements of the other, all of the several grants, contracts, and agreements in this ordinance contained are to deemed independent agreements, with the same force and effect as if each section of this ordinance was .....

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Apr 07 1913 (FN)

Santa Fe, Prescott and Phoenix Ry Co. Vs. Grant Bros.

Court : US Supreme Court

..... application when a railroad company is acting outside the performance of its duty as a common carrier. in such a case, the ordinary rules of law relating to contracts control. a contract made by a railroad company for construction work is one made outside of the performance of its duty as a common carrier, and a stipulation that the contractor, ..... freedom of contract to a case which lay entirely outside the reason which supported it. in constructing, improving, or repairing its road, and in building its extensions and branches, the railroad ..... service of the railroad company." it was clear that, although the messenger was actually carried on the train, and although the railroad company received compensation in connection with its contract for the express business, his relation to the railroad company was "widely different from that of ordinary passengers," and there was no justification for extending the doctrine restricting the ..... railway company had been engaged in building, westerly from its main line, a branch railroad known as the arizona & california railroad. for this purpose, it entered into a contract with the construction company for the necessary grading. the property in question consisted of the camp and grading outfit and supplies, belonging to the construction company, which had been used .....

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Jan 27 1913 (FN)

Texas and New Orleans R. Co. Vs. Sabine Tram Co.

Court : US Supreme Court

..... the case, it was said: "it is evident from this statement of facts that the case is quite different from the one under consideration. there, a new and independent contract for intrastate shipment was made, the interstate transportation having been completely performed." the facts in the case at bar are different. the lumber was ordered, manufactured, and shipped for export ..... to saylor & burnett at galveston, texas. this carriage, being wholly within the state, was pronounced to be a local shipment. this court affirmed the judgment, and decided that the contract between the hardin grain company and the harroun commission company was completed in accordance with its terms when the corn was delivered to the hardin company at texarkana. "then, and ..... had an agent at texarkana, texas, the same quantity of corn, to be delivered at the latter point. the corn with which the harroun commission company proposed to fulfill their contract was shipped from south dakota to texarkana, texas, through kansas city, missouri. it was delivered at texarkana, texas, in accordance with the agreement, to the hardin grain company, ..... by either, to a common carrier for transportation on its continuous final journey to a destination beyond sabine, texas?" answering this question in the negative, it is contended that the contract of shipment did not contemplate, provide for, or even intend that the freight should go beyond sabine "through the agency of that shipment." nor, it is further contended, were .....

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Apr 20 1914 (FN)

Carondelet Canal and Navigation Co. Vs. Louisiana

Court : US Supreme Court

..... council may prescribe. after five years from the passage of the act, the city was prohibited from draining in the bayou except upon payment of indemnity. and the city is given the right to build bridges over the canal and bayou. section 4 is as follows: "that the said company ..... to dismiss must therefore be denied, and we are brought to the merits of the controversy -- did the acts of 1857 and 1858 constitute a contract? in the consideration of that question, we do not think it is necessary to discuss with any particularity the contributions, respectively, of the state ..... act of 1906 can be construed to authorize the board of control to take possession of the property without compensating the company therefor, it violates the contract clause of the constitution of the united states. (4) the state never claimed any right or property in or to the canal and the improvements ..... after denying the allegations of the petition of the state, the following propositions: (1) the state had no interest in the canal except under the contract between the canal company and the state, constituted of the acts of 1857 and 1858. (2) in 1857 the legislature, after anticipating the inability of ..... 279 reversed. the facts, which involve the jurisdiction of this court to review judgments of the state courts and also the constitutionality under the contract clause of the federal constitution of a statute of louisiana relating to the property of carondelet canal and navigation company and the right of the state .....

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Dec 11 1916 (FN)

Detroit United Railway Vs. Michigan

Court : US Supreme Court

..... strictly against the grantee, and cannot be extended beyond their express terms? in any view, the ordinances, just because they were intended to be contracts, and not merely legislative enactments, ought to be regarded as having reference to a specific subject matter. but, were we in error about the ..... . s. 170 . the necessary operation of the decisions under review is to give an effect to the annexation acts that substantially impairs the alleged contract rights of plaintiff in error as they theretofore stood, and it makes no difference that that result was reached in part by invoking the provisions of ..... of the legislature to add new territory to the city, and it is likewise true that the annexation acts contain no reference to existing contracts, nor any specific mention of the subject matter of street railway rights. but, in cases of this character, the jurisdiction of this court ..... such an effect to statutes enacted in the years 1905 and 1907 for extending the corporate limits as to impair the obligation of the contracts contained in franchises theretofore granted by the governing authorities of the annexed territory to the predecessors in title of plaintiff in error. plaintiff in ..... , 14 and 20), that the right to charge fare as therein permitted, upon the lines covered by those grants, was a valid right of contract whose obligation could not constitutionally be impaired by subsequent state legislation. (2) that, conceding the validity of the acts of 1905 and 1907 as annexation .....

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Jun 05 1916 (FN)

Merrill-ruckgaber Co. Vs. United States

Court : US Supreme Court

..... just foundation for it, and, besides, there is no attempt to impugn the good faith of the secretary of the treasury, who sustained the decision of the architect, and the contract explicitly provides that "the decision of the supervising architect as to the proper interpretation of the drawings and specifications shall be final." if we may concede to appellant an ambiguity ..... joining the north line of the site, the underpinning of the main rear walls must be carried to rock by a method satisfactory to the supervising architect.'" a detailed contract was entered into providing that the work was to be done in accordance with the specifications and the addendum thereto and the requirements of certain specified drawings and such other ..... the petition, and the court of claims, after hearing, dismissed it. the facts pertinent to the questions presented, collated from the findings, are as follows: the appellant entered into a contract with the united states through the proper officers of the latter for the construction of such foundation for the sum of $79,400, in accordance with specifications and drawings prepared ..... property, notwithstanding the specification referred to building in the singular, and not plural, and the wall of one of the buildings was only a light or curtain wall. under the contract involved in this case, the decision of the supervising architect was made final upon any dispute regarding the proper interpretation of the specifications, and as the secretary of the treasury .....

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May 21 1917 (FN)

American Express Co. Vs. United States Horse Shoe Co.

Court : US Supreme Court

..... tendencies of proof as to whether the limitation of liability was called to the attention of the shipper, and, if one aspect be accepted, of the possibility that the contract was signed by the shipper in ignorance of the clause. but here again the contention but overlooks the very foundation upon which the principle settled by the adjudged cases rests ..... interstate commerce commission, which, properly authenticated, were offered in evidence. but, turning to the official tariff sheets as found in the record, it is apparent that the terms of the contract are substantially identical with the statement in the tariff sheets as to the rates concerning the shipment of livestock, and indeed, comparing the two, it is impossible to reach any ..... would depend upon valuation. evidence was also admitted, over objection of the company, tending to show that the shipper was unaware of the valuation clauses, and that he signed the contract without reading it. there was further evidence that, on the contrary, the shipper was fully informed by the agent, and declared his purpose to fix the primary valuation and not ..... shipments construed as intended to leave the provisions of the livestock schedule concerning rates and valuations for independent interpretation uninfluenced by provisions in the merchandise schedules. the effect of a contract made and signed by a shipper in lawful accord with established rate sheets may not be avoided by the suggestion that, through neglect or inattention, he did not read it .....

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Mar 19 1917 (FN)

Wilson Vs. New

Court : US Supreme Court

..... foreign commerce, and for other purposes." " be it enacted . . . that, beginning january first, nineteen hundred and seventeen, eight hours shall, in contracts for labor and service, be deemed a day's work and the measure or standard of a day's work for the purpose of reckoning the compensation ..... many millions of dollars, and certain to cost a very large sum, must be paid not by the public, nor be equally borne by the contracting parties, but, by legislative edict, is made to fall entirely upon one of the parties, with no provision for compensation should the subsequent investigation establish ..... a substantial eight-hour day." the opposing contention is that "the language of the act shows that it deals solely with the construction of contracts and with the standard and amount of compensation, and not with any limitation upon the hours of labor." upon these opposing contentions the parties ..... as we have said, on about fifteen percent of the railroads, had already been established by act of congress as a basis for work on government contracts, and had been upheld by this court in sustaining state legislation. [ footnote 12 ] it certainly cannot be said that the act took away from ..... [ footnote 5 ] that the power to regulate also extends to many phases of the business of carriage, and embraces the right to control the contract power of the carrier insofar as the public interest requires such limitation, has also been manifested by repeated acts of legislation as to bills of lading .....

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Mar 06 1917 (FN)

Owensboro Vs. Owensboro Water Works Co.

Court : US Supreme Court

..... ," which gives to the corporation the advantage which many courts and writers have found in the distinction between the right of "extension" and the right of "renewal" of a contract, the latter indicating an intention to resort to a new grant for the future, while the former contemplates "a prolongation, a lengthening out," of a grant previously made. this ..... the life of the corporation so as to make that control the definite, specific, clearly expressed limitation of the charter. but specific should always control general provisions in a contract where they conflict -- definite and clearly expressed limitations should dominate indefinite and discretionary privileges. to declare this grant perpetually renewable is to make its duration dependent upon the discretion ..... rule to which we have referred finds clear expression in chicago v. sheldon, 9 wall. 50, as follows: "in cases where the language used by the parties to the contract is indefinite or ambiguous, and hence of doubtful construction, the practical interpretation by the parties themselves is entitled to great, if not controlling, influence. the interest of each generally ..... a franchise and license "to maintain, complete, and operate waterworks in the city," and that the city should accept the new company as the successor of the old to the contracts for hydrant rentals, proceeds to ordain: section 1. that the franchise and license to maintain, complete, and operate waterworks in the city of owensboro "are hereby granted to .....

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Dec 23 1918 (FN)

Sandberg Vs. Mcdonald

Court : US Supreme Court

..... u. s. 204 united states unless so "construed as not to apply to foreign seamen shipped on a foreign vessel in a foreign port, under a contract, valid where made. . . ." we cannot concede the qualification, nor doubt the power of congress to impose conditions upon foreign vessels entering or remaining ..... it is conceded -- that the words of the sections are grammatically broad enough to include all seamen, foreign as well as american, and advances and contracts, wherever made, and to the contention that congress had in mind and was only solicitous for american seamen, the answer is again immediate: the contention ..... to be page 248 u. s. 197 sanctioned here. as we have construed this section of the statute, no such policy as to foreign contracts legal where made is declared. we have examined the references in the briefs of counsel to the reports and proceedings in congress during the progress ..... is to be noted that such sweeping and important requirement is not found specifically made in the statute. had congress intended to make void such contracts and payments, a few words would have stated that intention, not leaving such an important regulation to be gathered from implication. there is nothing ..... of the section have been complied with. held not to apply to advancements made to alien seamen shipping abroad on a foreign vessel, pursuant to contracts valid under the foreign law, and that such advancements may be allowed for in paying such seamen in a port of the united states. p. .....

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