Legal Opinion

United States v. Hurley

Court of Appeals for the Eighth Circuit

Decided October 12, 1910No. 3,285PublishedCited by 15 opinions

In Error to the Circuit Court of the United States for the District of Minnesota. Action by Joseph A. Hurley, doing business as Hurley & Co., against the United States. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

HOOK, Circuit Judge.

In an action by Joseph A. Hurley against the United States to recover a sum of money conceded to have been earned, the latter, under section 6 of the Tucker act (Act March 3, 1887, c. 359, 24 Stat. 506 [U. S. Comp. St. 1901, p. 755]), set up a counterclaim for damages for failure of Hurley to perform properly a construction contract, the work under which had been completed, accepted, and paid for more than four years before. It was alleged by the government that the army officer authorized to supervise the performance of the contract “carelessly, negligently, and…

2Cases cited5 opinions

  1. Kihlberg v. United StatesSupreme Court of the United States · 1878
  2. United States v. GleasonSupreme Court of the United States · 1900
  3. Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
  4. Sheffield & Birmingham Coal, Iron & Railway Co. v. GordonSupreme Court of the United States · 1894
  5. United States v. WalshCourt of Appeals for the Second Circuit · 1902

3Cited by15 opinions

  1. Goltra v. WeeksSupreme Court of the United States · 1926
  2. United States v. A. Bentley & Sons Co.District Court, S.D. Ohio · 1923
  3. McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
  4. Hall v. Union Indemnity Co.Court of Appeals for the Eighth Circuit · 1932
  5. Booth-Kelly Lumber Co. v. WilliamsOregon Supreme Court · 1920

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