New York Court of Appeals

McMahon v. . the New York and Erie Railroad Company.

December 5, 185920 N.Y. 463

Summary

The New York Court of Appeals affirmed the judgment, holding that an ex parte measurement by the railroad's engineer was not a final estimate binding the contractor, that the contract's stock clause required the contractor to subscribe for stock rather than receive payment in stock, and that interest could not be awarded on an unliquidated demand not ascertainable by computation.