Legal Opinion

United States Ex Rel. International Contracting Co. v. Lamont

Supreme Court of the United States

Decided December 10, 1894No. 689PublishedCited by 104 opinions

ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. In pursuance of an act of Congress making an appropriation for that purpose, an advertisement appeared August 6, 1892, inviting proposals for doing certain work in Gowanus Bay, New York. The work was divided into three parts, as follows.: first for Bay Ridge Channel; second, for Red Hook Channel; and third, for Gowanus Creek Channel.

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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. In pursuance of an act of Congress making an appropriation for that purpose, an advertisement appeared August 6, 1892, inviting proposals for doing certain work in Gowanus Bay, New York. The work was divided into three parts, as follows.: first for Bay Ridge Channel; second, for Red Hook Channel; and third, for Gowanus Creek Channel. The advertisement, moreover, stated the sums of money which were available for the work on each separate channel, and it was announced that the work must be commenced on October 1, 1892, and be completed…

1Opinion of the CourtJustice White

Much was said in argument at bar upon the question of when a contract is to be regarded as completed under the circumstances here presented, and the discussion concerning the authority of the Secretary of War to review the action of an officer of engineers in such a case, and to direct a new adjudication, has taken a wide range. We deem the consideration of both these points unnecessary in view of the relator’s bids under the second advertisement and specifications, and his contract to do the work at a less price and under new conditions. It is elementary law that mandamus will only lie to…

2Cases cited20 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  3. United States v. SchurzSupreme Court of the United States · 1880
  4. The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
  5. Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884

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3Cited by104 opinions

  1. Louisiana v. McAdooSupreme Court of the United States · 1914
  2. United States Ex Rel. McLennan v. WilburSupreme Court of the United States · 1931
  3. City of Grosse Pointe Park v. Michigan Municipal Liability & Property PoolMichigan Supreme Court · 2005
  4. Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
  5. Henderson v. HendersonNew York Court of Appeals · 1928

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