Legal Opinion

New Jersey Foundry & Machine Co. v. United States

Supreme Court of the United States

Decided November 1, 1909No. 24673PublishedCited by 2 opinions

The Reporters’ statement of the case: •The following are the facts of this case as found by the court: I. The claimant company herein is a corporation organized under the laws of the State of New Jersey, having an office for 'the transaction of its business in the city and State of New York. II. On February 14,1901, the United States, through Maj.

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The Reporters’ statement of the case: •The following are the facts of this case as found by the court: I. The claimant company herein is a corporation organized under the laws of the State of New Jersey, having an office for 'the transaction of its business in the city and State of New York. II. On February 14,1901, the United States, through Maj. John Millis, Corps of Engineers, entered into a contract with the claimant company in writing in conformity with the advertisement and specifications attached to and made a part of said contract, which contract is made a part of the petition herein,…

1Opinion of the CourtBarney, J.

On the 14th day of February, 1901, the claimant entered into a contract with the defendants for the construction of four observation towers, three at Fort Flagler and one at Fort Worden, in the State of Washington. By the terms of the contract the claimant was to commence work within ninety days of notification of the approval of the contract by the Chief of Engineers of the United States Army and complete the towers within seven months from the date of such notification.

The contract, among other things, contains the following provisions:

Paragraph 4 concludes with this language:

“Provided,…

2Cases cited2 opinions

  1. Meyer v. BerlandiSupreme Court of Minnesota · 1893
  2. Satterlee v. United StatesUnited States Court of Claims · 1895

3Cited by2 opinions

  1. Loftis v. United StatesUnited States Court of Claims · 1948
  2. P. Sanford Ross, Inc. v. United StatesUnited States Court of Claims · 1915

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