United States v. Barlow
Supreme Court of the United States
APPEALS FROM THE COURT OF CLAIMS. These are cross appeals. The appellees in No. 127, appellants in No. 128, filed three separate petitions against the United States in the Court of Claims for extra work done and extra materials furnished under a contract with the United States.' The petitions were consolidated and tried as one case. On some of the claims the decision was in favor of petitioners and on others in favor of the United States.
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APPEALS FROM THE COURT OF CLAIMS. These are cross appeals. The appellees in No. 127, appellants in No. 128, filed three separate petitions against the United States in the Court of Claims for extra work done and extra materials furnished under a contract with the United States.' The petitions were consolidated and tried as one case. On some of the claims the decision was in favor of petitioners and on others in favor of the United States. The claimants entered into a contract with the United States for the construction of a dry dock at Puget, Sound, in the State of Washington. The contract…
1Opinion of the CourtJustice McKenna
The principal claim of .appellees and the largest item in the judgment awarded them grows out of the rejection of the Tenino sandstone. That item was based upon the provision in the specifications which required it to be “ of quality approved by the engineer.” But that provision, it is contended by the United States, must be read and construed with those covenants of the contract which require (1) that all materials used in the dry dock shall be of the best kind, “subject to the approval of the civil engineer, or such other competent officer or person or persons as may for that purpose be…
2Cases cited4 opinions
- Clark v. United StatesSupreme Court of the United States · 1877
- United States v. SmithSupreme Court of the United States · 1877
- Smoot's CaseSupreme Court of the United States · 1873
- Clark v. United StatesSupreme Court of the United States · 1868
3Cited by22 opinions
- Needles ex rel. Needles v. United StatesUnited States Court of Claims · 1944
- United States Ex Rel. E & R Construction Co. v. Guy H. James Construction Co.District Court, M.D. Tennessee · 1972
- Piggly Wiggly Corporation v. United StatesUnited States Court of Claims · 1949
- ANR Pipeline Co. v. Louisiana Tax Com'nLouisiana Court of Appeal · 2002
- William Cramp & Sons Ship & Engine Building Co. v. United StatesSupreme Court of the United States · 1910
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