Legal Opinion

Black v. United States

Supreme Court of the United States

Decided January 10, 1876No. 496PublishedCited by 4 opinions

Appeal from the Court of Claims. A contract was entered into between the United States and the claimants for the transportation of military stores and supplies on Route No. 1, west of the Missouri River, the naaterial provisions of which are-as follows: — Article 1. That the said Black, Kitchen, & Martin shall re- ■ ceive at any time, in any of the months from April 1, 1868, to March 31,1869, inclusive, from the officers or agents of the quartermaster’s department at Fort D.…

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Appeal from the Court of Claims. A contract was entered into between the United States and the claimants for the transportation of military stores and supplies on Route No. 1, west of the Missouri River, the naaterial provisions of which are-as follows: — Article 1. That the said Black, Kitchen, & Martin shall re- ■ ceive at any time, in any of the months from April 1, 1868, to March 31,1869, inclusive, from the officers or agents of the quartermaster’s department at Fort D. A. Russell, in the Territory of Dakota, or such point as may be determined upon during the year on the Omaha branch of…

1Opinion of the CourtChief Justice Waite

delivered the .opinion of the. court.

The transportation for which compensation is now asked was “ from one point to another within the route; ” and full payment has been made therefor “ according to the distance the supplies were transported, and agreeably to the rates specified in the tabular statement.”

It is claimed, however, that as Fort Phil. Kearney, the point at which the supplies were received for transportation, “ was within the route,” the contractors are entitled to compensation for the distance their teams travelled unloaded to reach that place, as well as for the distance the…

2Cases cited1 opinion

  1. Caldwell's CaseSupreme Court of the United States · 1874

3Cited by4 opinions

  1. New Wrinkle, Inc. v. John L. Armitage & Co.Court of Appeals for the Third Circuit · 1956
  2. Portland Web Pressmen's Union Local No. 17 v. Oregonian Publishing Co.District Court, D. Oregon · 1960
  3. Poston v. IngrahamSupreme Court of South Carolina · 1907
  4. Dravo Corp. v. United StatesUnited States Court of Claims · 1941

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