Legal Opinion

Johnston v. United States

United States Court of Claims

Decided January 20, 1906No. 23261PublishedCited by 4 opinions

The Reporters'1 statement of the case: The facts of the case sufficiently appear in the opinion of the court. Mr. J. A. Tanner (with whom was Mr. Assitant Attorney-General Pradi) for the demurrer: The verbal direction of General Randall, U. S. A., given to the claimant to “ go ahead, etc., and be ready to handle ” the cargoes of certain steamers which were subsequently to arrive, is not a legal contract within the meaning of section 3744 of the Revised Statutes.

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The Reporters'1 statement of the case: The facts of the case sufficiently appear in the opinion of the court. Mr. J. A. Tanner (with whom was Mr. Assitant Attorney-General Pradi) for the demurrer: The verbal direction of General Randall, U. S. A., given to the claimant to “ go ahead, etc., and be ready to handle ” the cargoes of certain steamers which were subsequently to arrive, is not a legal contract within the meaning of section 3744 of the Revised Statutes. (South Boston Iron Works v. U. S., 18 C. Cls. R., 165; ib., 118 U. S., 37; Clark v. Ü. S., 95 U. S., 537; Solomon v. U. S., 19…

1Opinion of the CourtBarney, J.

The petition in this case alleges that on April 6, 1900, the petitioner submitted to Capt. W. N. Robinson, jr.,.assistant quartermaster, U. S. Army, certain proposals for- furnishing lighterage and stevedoring for Government supplies and stores arriving at Cape Nome, Alaska; and further alleges that on April 19, 1900, Captain Robinson and the petitioner made a contract in regard to such lighterage in the following terms:

“ Office of the CONSTRUCTION Quartermaster,
“ CORNER First Avenue and Yesler Way,
“Seattle, Wash., April 19, 1900.
“ Mi1. E. W. Johnston, Seattle, Wash.
“ Sir : In reply to your…

2Cases cited4 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1877
  2. South Boston Iron Co. v. United StatesSupreme Court of the United States · 1886
  3. Cobb, Blasdell & Co. v. United StatesUnited States Court of Claims · 1883
  4. Lindsley ex rel. Panamore v. United StatesUnited States Court of Claims · 1868

3Cited by4 opinions

  1. Swift & Co. v. United StatesUnited States Court of Claims · 1924
  2. United States v. New York & P. R. S. S. Co.District Court, S.D. New York · 1912
  3. Emery v. United StatesDistrict Court, D. Connecticut · 1926
  4. Rocky Brook Mills Co. v. United StatesUnited States Court of Claims · 1930

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