Friedenstein v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of the case: The facts appear sufficiently in the opinion of the court. Where one party expressly renounces his contract, it only remains for the other to show that he was ready and willing to perform. (Worrier’s Case, 4 C. Cls.
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On the Proofs. The Reporters’ statement of the case: The facts appear sufficiently in the opinion of the court. Where one party expressly renounces his contract, it only remains for the other to show that he was ready and willing to perform. (Worrier’s Case, 4 C. Cls. R., 258.) This claimant establishes this fact by his deposition, in which he express^ says that he stood willing and ready during the entire fiscal year ending June 30,1893, to deliver said 125,000 pounds of' copper, which he had obtained and kept.on hand subject to the orders of the mint. (See also 7 C. Cls..R., 257; 13 Wall.,…
1Opinion of the CourtHowry, J.
Plaintiff sues to recover damages for the breach of a contract alleged to have been made between him and the defendants for the delivery by the plaintiff to the mint of the United States at Philadelphia of -125,000 pounds of ingot copper.
It sufficiently appears that about the 2d day of May, 1892, the superintendent of the mint at Philadelphia, Pa., published an advertisement inviting proposals for a quantity of supplies for use at the mint upon delivery, the advertisement, among-*5other things, calling for ingot copper for alloy of satisfactory quality in the quantity stated, and for 15,000…
2Cases cited4 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Murray v. J. M. Doud & Co.Illinois Supreme Court · 1897
- Dill v. MumfordIndiana Court of Appeals · 1898
- Guy v. United StatesUnited States Court of Claims · 1889