Legal Opinion

United States v. Axman

Supreme Court of the United States

Decided May 25, 1914No. 242PublishedCited by 29 opinions

ERROR TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The facts, which involve the rights and liabilities of a contractor and his surety under a contract with the Government, are stated in the opinion.

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ERROR TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The facts, which involve the rights and liabilities of a contractor and his surety under a contract with the Government, are stated in the opinion. After the annulment of the contract by reason of the contractor’s default it became the duty of the Government to complete the work at reasonable cost and to diminish as far as possible the loss which it had suffered and for which it proposed to hold the defendants liable. . The change which was made in the terms was to the manifest ease of the defendants and lessened the cost of the…

1Opinion of the CourtJustice Day

Suit was brought by the United States to recover on a contract between the United States and Axman with the American Bonding Company, as surety, for dredging in San Pablo Bay, California. The first trial resulted in a judgment for the United States, which was reversed by the Circuit Court of Appeals for the Ninth Circuit. 167 Fed. Rep. 922. On new trial judgment directed in favor of the defendants was affirmed by the Circuit Court of Appeals (193 Fed. Rep. 644), and the case is brought here.

It appears that on the twenty-fifth of August, 1902, the United States called for bids for dredging in…

2Cases cited1 opinion

  1. United States v. McMullenSupreme Court of the United States · 1912

3Cited by29 opinions

  1. Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
  2. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  3. Seaboard Lumber Company and Capital Development Company v. United StatesCourt of Appeals for the Federal Circuit · 2002
  4. Consolidated Airborne Systems, Inc. v. The United StatesUnited States Court of Claims · 1965
  5. CJP Contractors, Inc. v. United StatesUnited States Court of Federal Claims · 1999

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