Legal Opinion

Smoot v. United States

United States Court of Claims

Decided June 2, 1913No. 29903Published

The Reporters’ statement of the case: The following are the facts of the case as found by the court : I. Heretofore, to wit, on the 4th of April, 1903, Lieut. Col.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court : I. Heretofore, to wit, on the 4th of April, 1903, Lieut. Col. A. M. Miller, Corps of Engineers, United States Army, for and on behalf of the United States, entered into a written contract with the claimant, Lewis E. Smoot, which contract was by its terms subject to the approval of the Chief of Engineers, by which claimant was to furnish and deliver in place in beds at the Washington filtration plant 140,200 cubic yards, more or less, of filter sand, at $2.65 per cubic yard, which said…

1Opinion of the CourtHowry, J.

Plaintiff entered into the contract with defendants, set forth as an exhibit to the petition, whereby he was to furnish to the defendants 140,200 cubic yards, more or less, of filter sand deliverable and put in place in the beds constructed for a filtration plant established by the United States for the purpose of filtering the water supplied by an aqueduct for the city of Washington and District of Columbia. Two demands are set forth in the petition. The first item to be considered is for an alleged outlay and the amount of expenditures, shown by the findings to be $9,888.04, arising out of…

2Cases cited2 opinions

  1. Bulkley v. United StatesSupreme Court of the United States · 1874
  2. Mitchell v. United StatesUnited States Court of Claims · 1884

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