Francis v. United States
Supreme Court of the United States
Appeal from tbe Court of Claims. This suit was. brought by Charles Francis, for the use of Nathan Myrick, to recover damages on account of extra expenses incurred in thé performance of a contract entered into, May 8, 1869, between Francis and the chief quartermaster of the military department of Dakota, for the delivery by the-.'former, on or before Jah.
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Appeal from tbe Court of Claims. This suit was. brought by Charles Francis, for the use of Nathan Myrick, to recover damages on account of extra expenses incurred in thé performance of a contract entered into, May 8, 1869, between Francis and the chief quartermaster of the military department of Dakota, for the delivery by the-.'former, on or before Jah. T5, 1870, of a number of cords of wood at certain military,posts; among others, at Fort Ransom, Dakota Territory, one, thousand cords. ’ The contract “stipulated and agreed that no traders, sutlers, contractors, civilians, or others should be…
1Opinion of the CourtJustice Clifford
Post commanders in the military department where the present controversy arose were ordered to assume control of all timber, wood, hay, and grazing upon the public lands adjacent. to their respective posts, to the extent that the same were there required for the public use.
Supplies for the post were usually obtained by contract; and ■ it appears that a contract was made between the petitioner and the quartermaster of the department, by which the former agreed- to deliver and pile, in the wood-yard of the post, one thousand cords, more or less, of good, sound, merchantable oakAvood, to be…
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