Campbell v. District of Columbia
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE DISTRICT OF COLUMBIA Assumpsit to recover for work and' labor done and materials furnished on the construction of a water main in Georgetown in the District of Columbia..
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ERROR TO THE SUPREME COURT OE THE DISTRICT OF COLUMBIA Assumpsit to recover for work and' labor done and materials furnished on the construction of a water main in Georgetown in the District of Columbia.. The record showed that in July, 1870, the District contracted with O’Hare, Himber & Co. for the construction of the main, by a written contract which provided, among other things, that “No claims for extra work shall be made unless the same shall be done in pursuance of a written order from the engineer.” Soon after commencement of the work, a member of ,the firm of O’Hare, Himber & Co., by…
1Opinion of the Court
Ms. Chief Justice "Waite
delivered the opinion of the court.
This judgment is affirmed. There was no evidence whatever in the case tending to prove that'.the work was done by Campbell otherwise than under the contract of O’Hare, Him-ber & Co. He took the place of that firm in the contract so far as the,work he undertook to do was concerned. Davenport, one-*of its members, authorized him. to do the work and receive the pay upon vouchers, which he, Davenport, agreed to sign. It was upon this, authority that Campbell entered upon the work, with the permission of the chief engineer in charge.- In…
2Cases cited1 opinion
- Stewart v. VirginiaSupreme Court of the United States · 1886
3Cited by4 opinions
- Welling v. CroslandSupreme Court of South Carolina · 1924
- Ball Engineering Co. v. J. G. White, Inc.District Court, D. Connecticut · 1922
- J. G. White & Co. v. Ball Engineering Co.Court of Appeals for the Second Circuit · 1924
- Michel v. United StatesUnited States Court of Claims · 1926