Fleming v. Courtenay
Supreme Judicial Court of Maine
On report. This was an action of debt, begun July 1, 1899, and tried in the Supreme Judicial Court for Lincoln County in the October term, 1902, and reported by the justice presiding to this court for determination upon so much of the evidence as was legally admissible; this court to have jury powers and to determine questions of fact and to render final judgment. The facts are stated in the opinion.
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On report. This was an action of debt, begun July 1, 1899, and tried in the Supreme Judicial Court for Lincoln County in the October term, 1902, and reported by the justice presiding to this court for determination upon so much of the evidence as was legally admissible; this court to have jury powers and to determine questions of fact and to render final judgment. The facts are stated in the opinion. The claim of Mr. Lawrence against the United States, though not suable in ordinary course of justice, was a right assignable to Mr. Maynard, even before the United States'had taken any steps…
1Opinion of the CourtWiswell, C. J.
On November 3, 1863, George W. Lawrence, of whose estate the defendant is administrator de bonis non, entered into a contract with the United States government to construct, according to plans and specifications, an iron clad steam battery or monitor, afterwards called the “Wassue.” The contract price was $386,000, but it was stipulated in the contract that the government might at any time during the progress of the work make such alterations and additions to the plans and specifications as might be deemed necessary or advisable, and should pay therefor a fair and reasonable rate.
Upon the…
2Cases cited1 opinion
- Dushane v. BeallSupreme Court of the United States · 1896
3Cited by5 opinions
- Meyer v. FlemingSupreme Court of the United States · 1946
- Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
- English v. RichardsonSupreme Court of New Hampshire · 1922
- Crawford v. HortonSupreme Court of Alabama · 1937
- Kirstein Holding Co. v. Bangor Veritas, Inc.Supreme Judicial Court of Maine · 1933