Legal Opinion

Gearing v. United States

United States Court of Claims

Decided December 2, 1912No. 22550PublishedCited by 4 opinions

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant is a citizen of the United States and a resident of the State of Michigan, and is the sole owner of the claim sued on, never having sold or assigned the same or any part thereof to any person or persons. II.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant is a citizen of the United States and a resident of the State of Michigan, and is the sole owner of the claim sued on, never having sold or assigned the same or any part thereof to any person or persons. II. Pursuant to acts of Congress approved February 26, 1885 (23 Stats., 332), and February 23, 1887 (24 Stats., 414), and under appropriation made by act of August 11, 1888, and subsequent appropriations, including that of March 2, 1895, the construction of a power house and…

1Opinion of the Court

Peelee, Ch. J.,

delivered the opinion of the court:

The claimant on August 11,1894, entered into the contract made part of the petition, wherein for the consideration of $117,527 he agreed to furnish the materials, labor, and appliances and to do all the work therein specified in the construction of the power house ,and office building for the 800-foot lock, St. Marys Falls Canal, Mich., and to complete the same' in all respects by December 31, 1895.

The claimant entered upon the performance of the contract, and after expending all his available money — about $16,000 — he was unable to proceed…

2Cases cited3 opinions

  1. United States v. GleasonSupreme Court of the United States · 1900
  2. Barlow v. United StatesUnited States Court of Claims · 1900
  3. Merchants' Loan & Trust Co. v. United StatesUnited States Court of Claims · 1904

3Cited by4 opinions

  1. Tecom, Inc. v. United StatesUnited States Court of Federal Claims · 2005
  2. Poole Engineering & Machine Co. v. United StatesUnited States Court of Claims · 1922
  3. Schmoll v. United StatesUnited States Court of Claims · 1938
  4. Weller Construction Co. v. United StatesUnited States Court of Claims · 1925

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