Gilbert & Secor v. United States
Supreme Court of the United States
Appeal from the Court of Claims; the case being this: By an act of March 3d, 1847, making appropriations for the naval service, certain sums were set apart for floating dry-clocks at Philadelphia, at Pensacola, and at Kittery, which the Secretary of the ÍTayy was directed to have built.
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Appeal from the Court of Claims; the case being this: By an act of March 3d, 1847, making appropriations for the naval service, certain sums were set apart for floating dry-clocks at Philadelphia, at Pensacola, and at Kittery, which the Secretary of the ÍTayy was directed to have built. Proposals were received for these docks from several persons, and among them from Gilbert & Secor, who offered to build the dock at Kittery for $732,905. The proposals were made on a basis that the docks should have what is known “ as tar and felt sheathing.” If the sheathing known as “copper sheathing” was…
1Opinion of the CourtJustice Miller
The present claim for $72,742.82 is the difference in value between felt and tar sheathing, and copper sheathing, the •latter of which, by their contract, Gilbert & Secor, the claimants, were required to put on the dock, and did put on it.
The claimants do not make any question that by the terms of the agreement signed by them, and by the Secretary of the Navy, they were bound to copper sheath the dock, and that this was included in the work which they agreed to do. for the aggregate sum already mentioned. Nor do they contend that there was any mistake in reference to that par tieular, for…
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