Legal Opinion

Garfielde v. United States

Supreme Court of the United States

Decided May 18, 1876No. 937PublishedCited by 43 opinions

Appeal from the Court of Claims. In addition to the facts set forth in the opinion of the court, .the court below found that the appellant’s proposal was as "follows: — “ The undersigned, Sehicius Garfielde, whose post-office address is Port Townsend, County of Jefferson, Territory of Washington, proposes to convey the mails of the United States from July 1,1874, to June 30, 1878, on route' No. 43;132, between' Port Townsend, and Sitka, Alaska, under the advertisement of the…

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Appeal from the Court of Claims. In addition to the facts set forth in the opinion of the court, .the court below found that the appellant’s proposal was as "follows: — “ The undersigned, Sehicius Garfielde, whose post-office address is Port Townsend, County of Jefferson, Territory of Washington, proposes to convey the mails of the United States from July 1,1874, to June 30, 1878, on route' No. 43;132, between' Port Townsend, and Sitka, Alaska, under the advertisement of the Postmaster-General, dated Oct. 1, 1873,'in safé and suitable'.steamboats,‘with celerity, certainty, and security’ (Jaw…

1Opinion of the CourtJustice Hunt

The Court of Claims holds that the proposal on’ the part of Garfielde, and the acceptance of the proposal by the department, created ^a contract of the same force and effect as if a formal contract had been written out and signed by the parties. Many authorities are cited to sustain'the proposition. We believe it to bé sound, and that it should be so held in the -present' case.

That court held that the .contract alleged by the petitioner was invalid,- for’, the reason that the Postmaster-General exceeded his authority in making it without the previous publication required by the aet of…

2Cited by43 opinions

  1. United States v. Purcell Envelope Co.Supreme Court of the United States · 1919
  2. Harmon v. Tanner Motor Tours of Nevada, Ltd.Nevada Supreme Court · 1963
  3. Harvey v. United StatesSupreme Court of the United States · 1882
  4. New York Mail & Newspaper Transportation Co. v. United StatesUnited States Court of Claims · 1957
  5. Palo and Dodini v. City of OaklandCalifornia Court of Appeal · 1947

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