226 F. 728 | 4th Cir. | 1915
The above named appellants (plaintiffs below) built a bridge across the Wateree river near the city of Cam-
We see no occasion in this case for more than a statement of our conclusions. A careful study of the record and arguments of counsel fails to satisfy us that any reversible error was committed by the learned District Judge either in construing the terms of the contract or in deciding the controverted questions of fact. The opinion embodied in his decree contains a thorough review of the several claims, analyzes the evidence relating to each contention, and deduces conclusions; which we think should be approved. Accepting the finding, which seems to us amply warranted, that the engineers acted in good faith, the contract itselE gives such finality to their decisions as to leave little for the courts to determine. As was said by the Supreme Court In United States v. Cleason, 175 U. S. 588, 20 Sup. Ct. 228, 44 L. Ed. 284:
‘‘ WhlJe we are to determine the legal Import of these provisions according to iheir own terms, it may be well to briefly recall certain well-settled rules in this branch of the law. One is that, if a party by his contract charge him-soli with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse him. If parties have made no provision for a dispensation, the rule of law gives none — nor, in such circumstances, can equity interpose.”
If the conclusions reached by the court below, in which wc feel constrained to concur, result in hardship and loss to the plaintiffs, as
The decree is affirmed, but without costs of the appeal to either party as against the other.
Affirmed.