JAMES ALLEN, PETITIONER,
v.
CHICAGO & ALTON RAILROAD COMPANY

U.S. | 1918-03-18
No. 889
246 U.S. 666 Supreme Court of the United States (1918) Positive Treatment
Cited by 1 case
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  • United States v. Zara Contracting Co., Inc., 146 F.2d 606 (2d Cir. 1944)
    …ts, §§ 268, 269; Restatement, Contracts, § 347; 34 Col.L.Rev. 365; 7 So.Calif.L.Rev. 338. The rule has been applied by this court. Schwasnick v. Blandin, 2 Cir., 65 F. 2d 354; and cf. Knotts v. Clark Const. Co., 7 Cir., 249 F. 181, certiorari denied 246 U.S. 666, 38 S.Ct. 335, 62 L.Ed. 929. These authorities make it quite clear that under the better rule the contract price or the unit price per cubic yard of a construction or excavation- contract does not limit recovery. This, too, is the rule in New York.…

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