Legal Opinion

Garfielde v. United States

Supreme Court of the United States

Decided July 1, 1876PublishedCited by 1 opinion

On the claimants Appeal. The Reporters'’ statement of tbe case: This case is remarkable in having been decided on tbe merits in both courts at the same term — in the Court of Claims on the 14th of February, 1876, and in the Supreme Court on the 8th May following. The appeal immediately taken from the judgment of the court below was submitted on printed arguments in the Supreme Court and promptly decided.

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On the claimants Appeal. The Reporters'’ statement of tbe case: This case is remarkable in having been decided on tbe merits in both courts at the same term — in the Court of Claims on the 14th of February, 1876, and in the Supreme Court on the 8th May following. The appeal immediately taken from the judgment of the court below was submitted on printed arguments in the Supreme Court and promptly decided. Subsequently a motion was made by the claimant to correct the amount of damages allowed ; which motion was denied. For the findings of fact on which the appeal was heard, see the report of…

1Opinion of the CourtJustice Hunt

The Court of Claims holds that the proposal on the part of Garfielde, and the acceptance of the proposal by the Department, created a contract of the same force and effect as if a formal contract had been written out and signed by the parties. Many authorities are cited to sustain the proposition. We be*340lieve it to be sound, and that it should be so held in the present case.

' That court held that the contract alleged by the petitioner was invalid, for the reason that the Postmaster-General exceeded his authority in making .it without the previous publication required by the Act June 8, 1872.…

2Cited by1 opinion

  1. McKee v. United StatesUnited States Court of Claims · 1876

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