Clark v. United States

I adhere to the opinion-and conclusion stated by me on a former trial of this case, and therefore dissent from the conclusion of the majority in the opinion just read.

The following is the opinion delivered by the chief justice on the second trial of the case, December 9, 1861:

The contract out of which this controversy arises between the government and the claimant, required the latter to furnish all the material and make 221,000 cubic yards of embankment at the navy yard, Memphis, Tennessee, or so much as shall be required of hirti by the engineer, or other duly authorized agent of the…