United States v. United States Fidelity & Guaranty Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This action was brought by the United States in the Circuit Court for the Southern District of California against Augustus W. Boggs and the United States Fidelity & Guaranty Company of Baltimore, Maryland (which may be called, for convenience, the “Guaranty Company”); to recover damages for the failure of Boggs to perform his contract to construct for plaintiff a stone mess-hall and kitchen at the Rice Station…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This action was brought by the United States in the Circuit Court for the Southern District of California against Augustus W. Boggs and the United States Fidelity & Guaranty Company of Baltimore, Maryland (which may be called, for convenience, the “Guaranty Company”); to recover damages for the failure of Boggs to perform his contract to construct for plaintiff a stone mess-hall and kitchen at the Rice Station Indian School in Arizona, for the performance of which the Guaranty-Company'was his surety upon a bond in the penal sum of…
1Opinion of the CourtJustice Pitney
The Circuit Court of Appeals held, in substance, that because after the default of Boggs in the performance of his contract the Government waited more than a year before entering into a new contract, during which time there was a material change in the cost of labor and building supplies, and because the new contract then made between the Government and Owen was different in substantial particulars from that upon which the Guaranty Company became surety, the second contract furnished no proper basis for estimating the damages sustained by plaintiff by reason of the breach of the first, and…
2Cases cited30 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- St. Clair v. United StatesSupreme Court of the United States · 1894
- Norris v. JacksonSupreme Court of the United States · 1870
- St. Louis v. Ferry Co.Supreme Court of the United States · 1871
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
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3Cited by177 opinions
- United States v. AtkinsonSupreme Court of the United States · 1936
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- United States v. MantonCourt of Appeals for the Second Circuit · 1938
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States v. La FrancaSupreme Court of the United States · 1931
172 more not listed; retrieve them via the Exa API.