by John Marshall Harlan, Chicago Company v. Price — Opinion of the Court
“ It is found only that the monthly estimates might, with reasonable care, have been made nearly accurate, and that, if the remeasurements and reclassifications were correct, the discrepancy between them and the monthly estimates, upon which the plaintiffs were paid from time to time, could be explained only upon the ground of negligence, incompetency, or dishonesty upon the part of the division engineer. ”
by John Marshall Harlan, Chicago Company v. Price — Opinion of the Court
“ We are of opinion that the ultimate facts, as found by the court, do not authorize the railroad company to go behind the estimates made from time to time by its division engineer, which were approved and certified by the assistant chief engineer and chief engineer. ”
by John Marshall Harlan, Chicago Company v. Price — Opinion of the Court
“ Rep. 344, that the declaration was fatally defective in that it contained 'no averment that the engineer had been guilty of fraud, or had made such gross mistake in his estimates as necessarily implied bad faith, or had failed to exercise n h onest judgment in discharging the duty imposed upon him.' Some observations in that case are pertinent in the present one. It was said: 'We are to presume from the terms of the contract that both parties considered the possibility of disputes arising between them in reference to the execution of the contract ”
