United States v. Skinner & Eddy Corporation
District Court, W.D. Washington
The complaint sets out all these contracts in liase verba, tbe aggregate construction of 82 steel steamers, the number of ships that were constructed and delivered, the number of ships that were canceled pursuant to authority delegated by the President pursuant to Act June. 15,1917, and the payments that were made upon all of the ships covered by the contracts, including the ships which were afterwards’ canceled.
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The complaint sets out all these contracts in liase verba, tbe aggregate construction of 82 steel steamers, the number of ships that were constructed and delivered, the number of ships that were canceled pursuant to authority delegated by the President pursuant to Act June. 15,1917, and the payments that were made upon all of the ships covered by the contracts, including the ships which were afterwards’ canceled. It is alleged that the overpayment was $4,612,500, and recovery of this is sought under count 1. Count 2 seeks to recover $78,000 paid through error and mistake; count 3, for certain…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). “In the construction of a pleading, for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.” Section 285, Rem. Code Wash. 1915. See, also, Duryee v. Friars, 18 Wash. 55, 50 P. 583; McKinley v. Min. Hill Mining Co., 46 Wash. 162, 89 P. 495; Lawson v. Sprague, 51 Wash. 291, 98 P. 737; Bank of Metropolis v. Guttschlick, 14 Pet. 19, 10 L. Ed. 335; Childress v. Emory, 8 Wheat. 642, 5 L. Ed. 705.
The demurrer admits facts well pleaded, and the allegation of knowledge of the…
2Cases cited32 opinions
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Sloan Shipyards Corp. v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1922
- Clallam County v. United StatesSupreme Court of the United States · 1923
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
27 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colorado Milling & Elevator Co. v. HowbertCourt of Appeals for the Tenth Circuit · 1932
- Insurance Co. of North America v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
- United States v. Techno Fund, Inc.District Court, S.D. Ohio · 1967
- United States v. CoumantarosDistrict Court, D. Maryland · 1958
5 more not listed; retrieve them via the Exa API.