Myerle v. United States
United States Court of Claims
The Reporters1 statement of the case: The folio wing are the facts of the case, as found by the court : I. The petition in this case was filed in this court April 10, 1880. At the time of the events stated in the petition, and until his death in 1884, Phineas Burgess, plaintiff’s testator, was a citizen of the United States and a resident of Kings County, N. Y.; he left a last will aud testament, duly admitted to probate, of which plaintiff is executor; letters testamentary…
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The Reporters1 statement of the case: The folio wing are the facts of the case, as found by the court : I. The petition in this case was filed in this court April 10, 1880. At the time of the events stated in the petition, and until his death in 1884, Phineas Burgess, plaintiff’s testator, was a citizen of the United States and a resident of Kings County, N. Y.; he left a last will aud testament, duly admitted to probate, of which plaintiff is executor; letters testamentary thereon have been issued to plaintiff. II. Pursuant to duly advertised requests for proposals, which were accepted by…
1Opinion of the Court
Davis, J.,
delivered tbe opinion of tbe court:
Plaintiff’s intestate made with tbe Government two contracts in- relation to' tbe monitor Monadnock; these contracts provided for building the framework and bull and for all ironwork except the armor. It was in the first contract provided, substantially, that tbe Government should furnish the plans and specifications and deliver all materials, freight paid, at Vallejo, Oak, where tbe vessel was to be built.
Tbe second contract was for tbe ironwork (except armor), and construction thereunder was to be begun so soon as tbe first contract bad been…
2Cases cited12 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Bendernagle v. CocksNew York Supreme Court · 1838
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- McCollum v. United StatesUnited States Court of Claims · 1881
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