King v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 20th of August, 1895, the claimant and the defendants, through Lieut. Col. W. K,. King, Corps of Engineers, entered into the contract set up and described in the petition. 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. On the 20th of August, 1895, the claimant and the defendants, through Lieut. Col. W. K,. King, Corps of Engineers, entered into the contract set up and described in the petition. II. The contract, among others, contained the following provisions: “Within thirty days after written notice has been given the contractor to commence work he shall employ such force and outfit as in the judgment of the engineer in charge shall be necessary to complete the work within the contract time, and if he…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
The contract in this case contained the usual forfeiture clause of Government contracts, to wit, that if, in the judgment of the engineer in charge, the contractor should fail to prosecute faithfully and diligently the work, the engineer in charge, with the sanction of the Chief of Engineers, might annul the contract by giving notice in writing to that effect to the contractor, and upon the giving of such notice all money or reserved percentages due for work orto become due should become forfeited to the United States. But it also contained…
2Cases cited1 opinion
- Clark v. United StatesSupreme Court of the United States · 1868
3Cited by12 opinions
- CLIMATIC RAINWEAR, CO. v. United StatesUnited States Court of Claims · 1950
- Standard Dredging Co. v. United StatesUnited States Court of Claims · 1930
- National Rag & Waste Company, Inc., and United States Fidelity & Guaranty Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- Farrelly v. United StatesCourt of Appeals for the Second Circuit · 1908
- Burton Coal Co. v. United StatesUnited States Court of Claims · 1925
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