Merriam v. United States
Supreme Court of the United States
Appeal from the Court of Claims. Merriam brought suit in the Court of Claims against the United States to recover damages for their breach of a contract by which he agreed to sell and deliver, and they to receive and pay for, a quantity of oats. His petition was dismissed, and he appealed.
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Appeal from the Court of Claims. Merriam brought suit in the Court of Claims against the United States to recover damages for their breach of a contract by which he agreed to sell and deliver, and they to receive and pay for, a quantity of oats. His petition was dismissed, and he appealed. That court found the following facts: The Chief Quartermaster of the Military Department of Dakota publishéd' an advertisement, the parts of which and of the circular therein referred to, so far as they are material to this case, are as follows : — “ Chief Quartermaster’s Ofetce, “ St. Paul, Minn., March…
1Opinion of the CourtJustice Woods
follows : —
The contention of the appellant' is, that under that clause of the contract sued on which provides as follows: “ Said Merriam shall supply 600,000 pounds, more • or less, of oats, . . . or such other quantity, more or less, as may be required from time to time for the wants of such station between the first day of July, 1877, and the thirty-first' day of December, 1877, in such quantities and at such times as the receiving officer may require,” he was bound to deliver, and the United States to receive, in addition to the 1,600,000 for which his bid was accepted, all the. oats…
2Cases cited3 opinions
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- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
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