Legal Opinion

United States v. Bliss

Supreme Court of the United States

Decided January 3, 1899No. 394PublishedCited by 18 opinions

APPEAL FROM THE COURT OF CLAIMS. On August 22, 1863, Donald McKay contracted with the United States for the construction of the gunboat Ashuelot, the contract to be completed in eleven months from that date. On account of changes and additional work required by the Government, and other details for which it was responsible, the completion of the vessel was delayed from July 22, 1864, to November 29, 1865, a period of sixteen months and seven days beyond the contract term.

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APPEAL FROM THE COURT OF CLAIMS. On August 22, 1863, Donald McKay contracted with the United States for the construction of the gunboat Ashuelot, the contract to be completed in eleven months from that date. On account of changes and additional work required by the Government, and other details for which it was responsible, the completion of the vessel was delayed from July 22, 1864, to November 29, 1865, a period of sixteen months and seven days beyond the contract term. Full payment of the contract price was made and also of an additional sum for changes and extra work. On August 30,1890,…

1Opinion of the CourtJustice Brewer

No question is made except as to so much of the judgment as is for the increased cost of labor and material. The allowance for that is challenged under the clause of the act of 1890, “ but no allowance for any advance in the price of labor or material shall be considered unless such advance occurred during the prolonged term for completing the work rendered necessary by delay resulting from the action of the Government aforesaid.” The finding is that there was an advance in the price of labor and material during the contract term of eleven months, and that such increased price continued…

2Cases cited1 opinion

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897

3Cited by18 opinions

  1. Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
  2. Bennett v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940
  3. MacOmber v. StateOregon Supreme Court · 1947
  4. Murrell v. STOCK GROWERS'NAT. BANK OF CHEYENNECourt of Appeals for the Tenth Circuit · 1934
  5. Carper Ex Rel. Phoenix Assurance Co. of London v. Montgomery Ward & Co.West Virginia Supreme Court · 1941

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