Sweeney v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. Suit to recover the price of a'wall built by the appellant around the National Cemetery, at Eort Harrison, Yirginia. The plaintiff contracted to construct the wall by a written agreement, of-which the following were the material parts: First, That the said A. W. Sweeney shall build a wall of brick at the National Military Cemetery at Fort Harrison, Yirginia, according to the plans and sDecifications attached to this contract. ... Fourth.
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APPEAL PROM THE COURT OP CLAIMS. Suit to recover the price of a'wall built by the appellant around the National Cemetery, at Eort Harrison, Yirginia. The plaintiff contracted to construct the wall by a written agreement, of-which the following were the material parts: First, That the said A. W. Sweeney shall build a wall of brick at the National Military Cemetery at Fort Harrison, Yirginia, according to the plans and sDecifications attached to this contract. ... Fourth. It is agreed that from time to time, and when completed, the said wall shall be inspected by an officer of the U. S. Army,…
1Opinion of the Court
Mr. Chief Justice "Waite
delivered the opinion of the court.
This judgment is affirmed on the authority of Kihlberg v. United States, 91 U. S. 398. It was provided in the contract that payment for the wall was not to be made until some officer of the army, civil engineer, or other agent, to-be designated by the United States, had certified, after inspection, “ that it was in all respects as contracted for.” The officer of the army designated under this authority expressly refused to give the necessary certificate, on the ground that neither the material nor the workmanship were such as the…
2Cited by104 opinions
- United States v. WunderlichSupreme Court of the United States · 1951
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. MoormanSupreme Court of the United States · 1950
- Goltra v. WeeksSupreme Court of the United States · 1926
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
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