Stone, Sand and Gravel Co. v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of a contractor and its surety under a contract with the Government for excavation work, are stated in the opinion.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of a contractor and its surety under a contract with the Government for excavation work, are stated in the opinion. The contract as construed in United States v. O’Brien, 220 U. S. 321, means: Clause A: If the contractor (1) fails to begin work on the day specified or (2) fails (in the judgment of the Government engineer) to prosecute the work faithfully, then the United States may annul the contract, i. e., refuse to perform it further; in which event the United States may keep all money or…
1Opinion of the CourtJustice Lurton
This was an action by the United States against the Stone, Sand and Gravel Company, a corporation, hereinafter styled the contractor, and its surety, the American-Surety Company of New York, to recover the excess cost of completion of a certain contract for excavating 7,500,000 cubic yards of earth within certain designated localities in the work of improving the harbor of Vicksburg, Mississippi. For this work the United States' agreed to pay 8.49 cents per cubic yard as the work progressed and the contractor agreed to begin active work .on or before December 5, 1899, with sufficient force…
2Cases cited1 opinion
- United States v. O'BRIENSupreme Court of the United States · 1911
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- Call v. Alcan Pacific Co.California Court of Appeal · 1967
- Smith v. Lambert Transfer Co.Washington Supreme Court · 1920
- Downtown Harvard Lunch Club v. Racso, Inc.New York Supreme Court · 1951
- Burton Coal Co. v. United StatesUnited States Court of Claims · 1925
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