South Boston Iron Co. v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a suit in the Court of Claims to recover of the United States $75,000 damages, and $143,264.06 profits, which the claimant there alleged that it had suffered, or had been deprived of, by reason of the breach of two contracts which it claimed it had made for the construction of boilers for vessels belonging to the Navy of the United States. The defendants pleaded the general issue.
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APPEAL FROM THE COURT OF CLAIMS. This was a suit in the Court of Claims to recover of the United States $75,000 damages, and $143,264.06 profits, which the claimant there alleged that it had suffered, or had been deprived of, by reason of the breach of two contracts which it claimed it had made for the construction of boilers for vessels belonging to the Navy of the United States. The defendants pleaded the general issue. The only proof of the alleged contract and of the breach and claim for damages was contained in the following correspondence: “ Boston, March 5th, 1877. Wm. H. Shook, Chief…
1Opinion of the CourtChief Justice Waite
In Clark v. The United States, 95 U. S. 539, it was decided that, to bind the United States, contracts by the Navy Department must be in writing, and signed by the contracting parties. Such, in the opinion of the court, was the effect of the act of June 2, 1862, 12 Stat. 411, ch. 93, now in force as §§ 3744-3747 and §§ 512-515 of the Revised Statutes. _ An effort has been made in this case to show a contract in writing, but we agree entirely with the Court of Claims that the papers relied on for that purpose are nothing more in law or in fact than the preliminary memoranda made by the parties…
2Cases cited1 opinion
- Clark v. United StatesSupreme Court of the United States · 1877
3Cited by27 opinions
- St. Louis Hay & Grain Co. v. United StatesSupreme Court of the United States · 1903
- United States v. Swift & Co.Supreme Court of the United States · 1926
- Belmar Contracting Co. v. . State of New YorkNew York Court of Appeals · 1922
- Erie Coal & Coke Corp. v. United StatesSupreme Court of the United States · 1925
- Barnes v. District of ColumbiaUnited States Court of Claims · 1887
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