Ellicott Machine Co. v. United States
United States Court of Claims
The Reporters’ statement of the case: The grounds of the defendants’ motion will be found stated in the opinion of the court. The negligence of Mr. Shonts in signing the contract of July 12,1906, if the court should find that such act was negligent, could not bind the Government further than to place the claimants in statu quo, or, in other words, to restore to them anything that they may have lost in costs and expenses.
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The Reporters’ statement of the case: The grounds of the defendants’ motion will be found stated in the opinion of the court. The negligence of Mr. Shonts in signing the contract of July 12,1906, if the court should find that such act was negligent, could not bind the Government further than to place the claimants in statu quo, or, in other words, to restore to them anything that they may have lost in costs and expenses. It is perfectly apparent that the mistake was a matter of fact, and was material, and that it animated and controlled the conduct of the officers of the Government. It went…
1Opinion of the CourtAtkinson, J.
The defendants file a motion herein for a new trial on the grounds that the findings and judgment of the court are contrary to the law and the evidence.
*129While it is true, as argued at bar, that there was a material difference between the claimants’ first bid for the construction-of the six barges for the Isthmian Canal Commission (under the Government’s advertising circular No. 310-C, which specified the size and strength of the barges desired by said commission), yet it was so specifically and clearly stated by the claimant in its second bid for the construction of the desired barges, the…
2Cases cited1 opinion
- Brawley v. United StatesSupreme Court of the United States · 1878
3Cited by3 opinions
- United States v. EllicottSupreme Court of the United States · 1912
- United States v. Sabin Metal CorporationDistrict Court, S.D. New York · 1957
- Saligman v. United StatesDistrict Court, E.D. Pennsylvania · 1944