St. Louis Hay & Grain Co. v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion of the court. cited §§ 3709, 3744, Rev. Stat., and as to failure to sigh contract, Clark v. United States, 95 U. S. 539; South Boston Iron Co.v. United States, 118 U. S. 37; Monroe v. United States, .184 U. S. 524. - The special contract was void for all purposes and the appellants were entitled to the quantum meruit.
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APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion of the court. cited §§ 3709, 3744, Rev. Stat., and as to failure to sigh contract, Clark v. United States, 95 U. S. 539; South Boston Iron Co.v. United States, 118 U. S. 37; Monroe v. United States, .184 U. S. 524. - The special contract was void for all purposes and the appellants were entitled to the quantum meruit. Filor v. United States, 9 Wall. 45; Williams v. Bemis, 108 Massachusetts, 91, and cases cited. There was no accord and satisf. ction. Court below cited United States v. Bostwick, 94 U. F 53; Kirkham v. Brown, 4…
1Opinion of the CourtJustice Holmes
This is an appeal from a judgment of the Court of Claims dismissing the appellant’s petition. 37 C. Clms. 281. The petition alleges a contract by the United States to buy 9,000,000 pounds of hay from the claimant at the rate of sixty-one and one-half cents per hundred weight, a refusal by the Government to take the hay at the rate of one-sixtieth daily, as required by the contract according to the claimant’s interpretation, and a failure to accept two hundred and fifty-five thousand two hundred and ninety-one pounds out of the nine million. The rest, it is admitted, was taken and paid for at…
2Cases cited4 opinions
- Clark v. United StatesSupreme Court of the United States · 1877
- Savage v. United StatesSupreme Court of the United States · 1876
- South Boston Iron Co. v. United StatesSupreme Court of the United States · 1886
- Monroe v. United StatesSupreme Court of the United States · 1902
3Cited by41 opinions
- Willard, Sutherland & Co. v. United StatesSupreme Court of the United States · 1923
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- American Smelting and Refining Co. v. United StatesSupreme Court of the United States · 1922
- United States v. Swift & Co.Supreme Court of the United States · 1926
- Erie Coal & Coke Corp. v. United StatesSupreme Court of the United States · 1925
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