Legal Opinion

Roche v. District of Columbia

United States Court of Claims

Decided March 5, 1883No. 151PublishedCited by 7 opinions

The claimant sues for work clone for tbe District of Columbia, under contracts with the Board of Public Works. The defendant flies a plea of counter-claim for overpayments made through the Board of Audit.

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The claimant sues for work clone for tbe District of Columbia, under contracts with the Board of Public Works. The defendant flies a plea of counter-claim for overpayments made through the Board of Audit. The following are the facts found by the court: GRADING, ETC., Q STREET AND ALLEY IN SQUARE 140; CONTRACT 723. I. The claimant and the Board of Public Works of the District of Columbia entered into a written contract, of which the parts material in this case and the extensions thereof are as follows: This contract, made and concluded this sixteenth day of June, in the year one thousand eight…

1Opinion of the Court 1

OPINION.

2Opinion of the Court · RichardsonRichardson, J.

Several questions of law arise upon the findings of fact in this case.

1. In the year 1871, the Board of Public Works, by a general resolution, passed September 29 of that year, fixed the price of grading of old graveled streets to the depth of 2 feet below the surface at 40 cents per cubic yard, ánd other grading at 20 cents a cubic yard, as set forth in finding II. Subsequently, on the 16th of June, 1873, the claimant made with the defendants the contract set forth in Finding I, by which he agreed to do the grading therein specified, and for which he was to be paid at the rate of 30…

3Cases cited3 opinions

  1. Hodges v. City of BuffaloNew York Supreme Court · 1846
  2. District of Columbia v. ClussSupreme Court of the United States · 1881
  3. Huzzey v. Department of MinesWest Virginia Court of Claims · 1988

4Cited by7 opinions

  1. Barnes v. District of ColumbiaUnited States Court of Claims · 1887
  2. Duval v. United StatesUnited States Court of Claims · 1889
  3. Little v. District of ColumbiaUnited States Court of Claims · 1884
  4. Sanders v. District of ColumbiaUnited States Court of Claims · 1885
  5. Betts v. District of ColumbiaUnited States Court of Claims · 1885

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