United States v. Smith
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. Appeal from a judgment against the United States for loss suffered by contractors in performing work not covered by their contract, under the arbitrary exaction of the official in charge, and far loss due to his delay in locating the places where work was to be done. The facts are stated in the opinion.
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APPEAL PROM THE COURT OP CLAIMS. Appeal from a judgment against the United States for loss suffered by contractors in performing work not covered by their contract, under the arbitrary exaction of the official in charge, and far loss due to his delay in locating the places where work was to be done. The facts are stated in the opinion. The provisions of the contract and specifications relied on chiefly by the United States were as follows: “The decision of the engineer officer in charge as to quality and quantity shall be final.” “The order of the work will be determined by the U. S. agent in…
1Opinion of the CourtJustice McKenna
delivered the opinion of the .court.
April 14,1919, the Court of Claims rendered a judgment against the United States in favor of L. P. & J. A. Smith (appellees, and we shall so refer to them) for the sum of $119,304.27. To review that judgment this appeal is prosecuted.
The appellees were" a partnership doing business at the times herein stated under the firm name of L. P. and J. A. Smith.
In response to an advertisement and after the submission of proposals for work at the mouth of the Detroit River, a contract in writing was entered into December 31, 1892, by O. M. Poe, Colonel, Corps of…
2Cases cited4 opinions
- United States v. SpearinSupreme Court of the United States · 1918
- Hollerbach v. United StatesSupreme Court of the United States · 1914
- Christie v. United StatesSupreme Court of the United States · 1915
- United States v. Atlantic Dredging Co.Supreme Court of the United States · 1920
3Cited by54 opinions
- United States v. Blair Ex Rel. Roanoke Marble & Granite Co.Supreme Court of the United States · 1944
- Flippin Materials Co. v. United StatesUnited States Court of Claims · 1963
- Dale Construction Co. v. United States, Seaboard Surety Co.United States Court of Claims · 1964
- Hartsville Oil Mill v. United StatesSupreme Court of the United States · 1926
- Bignold v. King CountyWashington Supreme Court · 1965
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