Neitzey v. District of Columbia
United States Court of Claims
The Reporters'’ statement of the ease: The following are the facts of this case as found by the ■court: I. The amount of $269.34 was retained from the claimant by the defendant in the settlement of his account for work done under the extension of contract with the board of public works, •dated July 17, 1873, known as contract number 765, and has not been paid. All the said work was done by claimant prior to November 1, 1875. II.
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The Reporters'’ statement of the ease: The following are the facts of this case as found by the ■court: I. The amount of $269.34 was retained from the claimant by the defendant in the settlement of his account for work done under the extension of contract with the board of public works, •dated July 17, 1873, known as contract number 765, and has not been paid. All the said work was done by claimant prior to November 1, 1875. II. In the progress of the work under this contract, the defendant from time to time furnished to the claimant granite curbing of the value of $1.12 per foot, which…
1Opinion of the CourtNott, J.
The claimant has brought his action against the District of Columbia to recover $269.34, and the defendant has set up matters by way of counter-claim to the amount of $3,194.87. As to the claimant’s demand, it is conceded that he should recover. The real controversy grows out of the counter-claim.
*122As to the first item of that counter-claim, $111.87, it arose in settlement of the same contract upon which the claimant sues, and it is a clear case of overpayment in mistake of fact, the mistake, moreover,' being clerical; i. e., the writing of 1,554 instead of 1,654. illhe court has not the…
2Cited by6 opinions
- Campbell v. District of ColumbiaUnited States Court of Claims · 1883
- Looney v. District of ColumbiaUnited States Court of Claims · 1884
- O'Hare v. District of ColumbiaUnited States Court of Claims · 1883
- Lyons v. District of ColumbiaUnited States Court of Claims · 1884
- Childs v. District of ColumbiaUnited States Court of Claims · 1884
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