Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1888 Page 4 of about 63 results (0.060 seconds)

Feb 06 1888 (FN)

District of Columbia Vs. Gallaher

Court : US Supreme Court

Decided on : Feb-06-1888

..... account recommended a deduction of $8.94 per lineal foot of the sewer. the board of audit audited the account with that deduction from the contract price, in accordance with the statement of the engineer. the claimants received the partial payment under protest. the amount of this deduction upon the ..... careful examination of the work being done by claimants, as to its character and conformity page 124 u. s. 509 with the specification of the contract, in the presence of one of the claimants. he found that generally it was being built in conformity with the specifications, but there were several ..... work in accordance with the plan, and without calling the attention of the board to any alleged or apparent variation of the same from the contract, and constructing the flooring, masonry, and arch according to the dimensions appearing thereon, and had finished about 680 lineal feet thereof when the board ..... , composing the firm of gallaher, loane & company, a copy of which is set out with the petition. the claimants on entering into said contract received from gallaher & smith the working plan furnished to them by the district engineer. it represented the plan and dimensions of the several parts of ..... the stream should flow, receiving and conducting the sewage from lateral connections on either side. it was constructed for the most part in sections, by contract with different parties, and the part here in controversy was the final or outlet section. it was commonly styled the "tiber creek sewer or .....

Tag this Judgment!

Jan 30 1888 (FN)

Western Union Tel. Co. Vs. Hall

Court : US Supreme Court

Decided on : Jan-30-1888

..... in the application of the rule to similar cases, where there has been delay in delivering by a carrier which amounts to a breach of contract, the plaintiff is not always entitled to recover the full amount of the damage actually sustained; prima facie the damages which he is entitled to ..... the familiar rules on this subject are all subordinate to these. for instance, that the damages must flow directly and naturally from the breach of the contract is a mere mode of expressing the first, and that they must be not the remote, but proximate, consequence of such breach, and must ..... defendant bound only to the exercise of slight care or to the exercise of ordinary care?" "3d. under the contract legally existing between plaintiff and defendant, whereby the defendant assumed the duty of forwarding said message, the same being an unrepeated message, can the defendant ..... the same, and that it is only liable to the plaintiff in damages in case of gross negligence on its part?" "2d. under the contract legally existing between the plaintiff and defendant whereby the latter assumed the duty of forwarding said message, the same being an unrepeated message, was the ..... when necessary to reach its destination. correctness in the transmission of message to any point on the lines of this company can be insured by contract in writing, stating agreed amount of risk and payment of premium thereon at following rates, in addition to the usual charge for repeated messages, .....

Tag this Judgment!

Jan 23 1888 (FN)

Florence Mining Co. Vs. Brown

Court : US Supreme Court

Decided on : Jan-23-1888

..... where he has sold the goods on credit, the title passing immediately, but has stopped some of them in transitu, and where he has merely contracted to sell the goods, the delivery to be made by installments, and payment made with each delivery, the title only then vesting in the vendee. ..... ore remaining undelivered. these allegations were not admitted before the special master, but, if true, the fact would not constitute any performance of the contract on its part without an offer to deliver the balance, or at least without notice to the vendee or its receiver of a readiness to do ..... the case is brought here on appeal. page 124 u. s. 388 the contract between the florence mining company and brown, bonnell & co. was made on the 13th of february, 1882. by it, the florence mining company agreed to ..... mining company, deducting from the price for the whole ore which was to be delivered the value of the quantity undelivered, estimated according to the contract price, and he reported against the alleged equitable assignment. exceptions to his report were overruled, and the report was confirmed. to review this ruling, ..... continue the delivery unless payment be made in cash, but it does not absolve him from offering to deliver the property in performance of the contract if he intends to hold the purchasing party to it; he cannot insist upon damages for nonperformance by the insolvent without slowing performance on .....

Tag this Judgment!

Jan 16 1888 (FN)

Union Railroad Co. Vs. Dull

Court : US Supreme Court

Decided on : Jan-16-1888

..... award. the relief which the appellant seeks is entirely wanting in equity. the company has had possession of the work done by the contractors since its completion in 1873. the contracts in question have been fully executed, and restoration of the parties to their original rights has become impracticable, if not impossible. nevertheless, the company, holding on to all ..... all requisite information to persons making inquiries with a view to proposals; gave such information, and performed the whole duty of chief engineer in connection with the making of the contracts; had the sole and exclusive superintendence of the work from the very commencement, the immediate direction thereof being devolved upon mr. kenly, the resident engineer, and that he, ..... action in the circuit court of the united states for the eastern district of pennsylvania, dull admitted under oath that he and wiley had two secret partners in the construction contracts, "who retained their interests until the completion of the work and during said controversy, one of them being samuel m. shoemaker and the other being the said john ellicott ..... company; that by reason of manning's absence during long periods in ohio, the preliminary arrangements for the biddings, the interviews with the parties proposing to bid, the construction contracts, and the general superintendence of the work, for some months after its commencement, was left almost entirely to ellicott, in whom the appellant and manning had the fullest confidence; .....

Tag this Judgment!

Jan 09 1888 (FN)

Lawson Vs. Floyd

Court : US Supreme Court

Decided on : Jan-09-1888

..... tract of land herein mentioned, sold by the said lawson to said floyd, estimated to contain 1,000 acres, shall be in said johnston, as an indemnity to him, which is described as follows, viz., all the land owned by said lawson lying below kezer's branch above aracoma, lying back of the ..... , and therefore of considerable value, while the larger part of it ran up on to the mountain ridges. in accordance with this understanding, the original contract states that "lawson is to make the said floyd a deed, with general warranty and relinquishment of dower, to the above described property, except one recent ..... in a case of this kind, it is eminently proper to consider the circumstances surrounding the parties, and which would probably influence them in making the contract at the time it was entered into. these, we think, throw much light on the question in this case, and leave but little doubt that ..... deceive him; that, before bringing this suit, he (the plaintiff) had an accurate survey made of the land according to the boundaries mentioned in the contract, and that instead of there being a thousand acres, as represented by lawson, there were only 592 acres, leaving a deficiency of 408 acres. he claims ..... it was agreed that the property and control of the land should be in johnston as an indemnity to him for the payment of this purchase money. this agreement is marked exhibit b in the bill, and is as follows: "this contract, made this third day of august, 1871, between anthony lawson, geo. r. c. .....

Tag this Judgment!

Jan 09 1888 (FN)

Hinchman Vs. Lincoln

Court : US Supreme Court

Decided on : Jan-09-1888

..... waive the condition of a previous payment of the consideration and to authorize van renesselaer to deliver the securities to the defendant without performance of the contract on the part of the latter, and that the bringing of the present action was such a waiver. if, in point of fact, van ..... pursuance of his demand. taken together, they do not constitute either the assertion or exercise of any right in respect to the securities under any contract of sale between the plaintiff and the defendant as individuals. it is quite true, and the authorities so declare, that the receipt and acceptance by ..... renesselaer for the immediate return of the securities to him on the ground that up to that time, the defendant had refused to fulfill his contract for their purchase. this is certainly an unequivocal act on the part of the plaintiff entirely inconsistent with the assertion that there had been, prior ..... are also fully met by the well established rule that mere words are not sufficient to constitute a delivery and acceptance which will take a verbal contract of sale out of the statute of frauds. shindler v. houston, ubi supra. the next item of evidence in support of the plaintiff's ..... words are not sufficient. bailey v. ogden, 3 johns. 421, 3 amer.dec. 509. . . . in a word, the statute of fraudulent conveyances and contracts pronounces these agreements, when made, void unless the buyer should 'accept and receive some part of the goods.' the language is unequivocal, and demands the action of both .....

Tag this Judgment!

Jan 09 1888 (FN)

Whitney Vs. Robertson

Court : US Supreme Court

Decided on : Jan-09-1888

..... the dominican republic, and, if there be any conflict between the stipulations of the treaty and the requirements of the law, the latter must control. a treaty is primarily a contract between two or more independent nations, and is so regarded by writers on public law. for the infraction of its provisions, a remedy must be sought by the injured party ..... fourth article in the treaty with the king of denmark, and as we said of the latter, we may say of the former -- that it is a pledge of the contracting parties that there shall be no discriminating legislation, against the importation of articles which are the growth, produce, or manufacture of their respective countries, in favor of articles of like ..... or exception to the general law imposing the duties, do not cover concessions like those made to the hawaiian islands for a valuable consideration. they were pledges of the two contracting parties, the united states and the king of page 124 u. s. 193 denmark, to each other that, in the imposition of duties on goods imported into one of the ..... duty by force of the treaty with that country, because similar goods from the hawaiian islands were thus exempt. the first article of the treaty with denmark provided that the contracting parties should not grant "any particular favor" to other nations in respect to commerce and navigation which should not immediately become common to the other party, who should "enjoy the .....

Tag this Judgment!

Apr 23 1888 (FN)

Peoria and PekIn Union Ry. Co. Vs. Chicago Andc.; R. Co.

Court : US Supreme Court

Decided on : Apr-23-1888

..... reasonable rent as between the petitioner and a stranger like this defendant, who had no interest in its stock and was no party to that contract. as observed in the opinion of the circuit court: "the peoria and pekin union company was really owned by the other companies which made ..... in the circuit court, in which he said: "on looking into the question at the time, the judge was of the opinion that the contract which was demanded of the receiver by the peoria and pekin union company was oppressive in its terms, and doubted whether the receiver could afford to ..... the petitioner should have except as the result of the conditions upon which the receiver continued to use the property after the attempted making of a contract between the parties resulting in the notice page 127 u. s. 204 referred to," but found "from their relations and the implied understanding upon ..... railroad, and acquired by purchase the peoria, pekin and jacksonville railroad, and having improved the terminal accommodations and facilities at peoria, entered into a contract in writing with the four companies aforesaid by which it leased to them for fifty years the tracks between pekin and peoria, with the use of ..... was owned by four other companies, whose roads connected, having obtained a lease of another connecting railroad, and improved the terminal facilities, made a contract with the four companies, by which they should have the use of its tracks and terminal facilities for fifty years, each paying the same fixed rent .....

Tag this Judgment!

Apr 18 1888 (FN)

Rucker Vs. Wheeler

Court : US Supreme Court

Decided on : Apr-18-1888

..... , he should ratify and confirm what had been done by devereux. i do not see that this evidence proves, taking all that is said about it by these witnesses, a contract on behalf of the defendant to purchase this property through the plaintiff. i say now generally upon this branch of the case that it must appear to you from the .....

Tag this Judgment!

Apr 09 1888 (FN)

Powell Vs. Pennsylvania

Court : US Supreme Court

Decided on : Apr-09-1888

..... of protection in the several states, and only such restraints were placed upon the action of the states as would prevent conflict with its authority, to secure the fulfillment of contract obligations, and insure protection against punishment by legislative decree or by retrospective legislation. by the first section of the fourteenth amendment, which had its origin in the new conditions and ..... act shall take effect, is hereby declared to be unlawful and void, and no action shall be maintained in any of the courts in this state to recover upon any contract for the sale of any such article or substance." "section 3. every person, company, firm, or corporate body who shall manufacture, sell, or offer or expose for sale, or have .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //