Smoot's Case
Supreme Court of the United States
On the 5th of February, 1864, Smoot entered into two contracts with the War Department through Eakin, quartermaster; one to deliver within forty days 2500 cavalry horses at St. Louis, and the othér to deliver within fifty days 2000 like horses at Chicago, at the government stables in each place; of certain qualifications set forth in the contracts, and subject to the inspection provided for in one article of the contract, which was as follows: “ It is agreed that the horses,…
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On the 5th of February, 1864, Smoot entered into two contracts with the War Department through Eakin, quartermaster; one to deliver within forty days 2500 cavalry horses at St. Louis, and the othér to deliver within fifty days 2000 like horses at Chicago, at the government stables in each place; of certain qualifications set forth in the contracts, and subject to the inspection provided for in one article of the contract, which was as follows: “ It is agreed that the horses, upon being delivered, shall be examined and inspected without unnecessary delay, by a person or persons appointed by…
1Opinion of the CourtJustice Miller
Mr. Smoot claims of the United States a large sum of money for the profits which he might have made out of two contracts with Quartermaster Eakin, for delivering cavalry horses for the use of the army — two thousand five hundred at St. Louis and two thousand at Chicago. It is neither alleged nor proved that he ever tendered a horse at either place, or attempted otherwise to perform his contract, or that he was ready to do so, or that he owned auy horses, or had expended a dollar in preparing to fulfil his contract. The proposition on which the claimant rests his right to these speculative…
2Cited by103 opinions
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- Roehm v. HorstSupreme Court of the United States · 1900
- United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
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