Legal Opinion

Baird v. United States

United States Court of Claims

Decided December 15, 1869Published

This is a claim upon an express contract in writing, ancl is brought by original petition. The contract was made on the 17th of March, 1864, with M. W. Baldwin & Co., of Philadelphia, Pennsylvania. Mr. Baldwin died September 7,1866, and this suit is brought by the surviving partner, Matthew Baird.

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This is a claim upon an express contract in writing, ancl is brought by original petition. The contract was made on the 17th of March, 1864, with M. W. Baldwin & Co., of Philadelphia, Pennsylvania. Mr. Baldwin died September 7,1866, and this suit is brought by the surviving partner, Matthew Baird. In March 1864 the War Department had sudden need for a large number of locomotive engines to equip the railroads in Tennessee for military uses, and determined to obtain them by, in effect, impressing the great locomotive building establishments; that is, by giving the owners the option of either…

1Opinion of the CourtMilligan, J.

This is a claim for $141,875, presented in this court by Matthew Baird, as surviving partner of the firm of “M. W. Baldwin & Co.,” locomotive builders, in the city of Philadelphia. The claim rests on contract, which is embodied in the following correspondence :

“ Office of Director and General MaNAgker

‘‘Military Railroads United States,

“ New York, March 19, [17,] 1864.
“ Gentlemen : In pursuance of the authority in me vested, I do hereby direct you to construct, at the earliest practical period, fifteen locomotive engines, of five feet gauge, for the use of the United States Government, to the…

2Cases cited1 opinion

  1. Brown v. United StatesUnited States Court of Claims · 1865

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