Legal Opinion

Barlow v. United States

United States Court of Claims

Decided May 21, 1900No. 20798PublishedCited by 14 opinions

On the Proofs. The Reporters’ statement of thé case: The following are tbe material facts of the case: I. On the -29th of October, 1892, the following contract was entered into between the claimant and the United States: “Whereas, by advertisement, dated August 8, 1892, proposals were invited by the Chief of the Bureau of Yards and Docks, Navy Department, for the construction, by contract, of a dry dock of the general dimensions, and to be located at the place therein…

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On the Proofs. The Reporters’ statement of thé case: The following are tbe material facts of the case: I. On the -29th of October, 1892, the following contract was entered into between the claimant and the United States: “Whereas, by advertisement, dated August 8, 1892, proposals were invited by the Chief of the Bureau of Yards and Docks, Navy Department, for the construction, by contract, of a dry dock of the general dimensions, and to be located at the place therein specified; and “Whereas the proposal of the said contractors, dated September 3, 1892, to construct a dry dock to be located…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

The contract in this case, bearing date the 29th of October, 1892, provides “ that if at any time it should be found advantageous or necessary to make any change or modification in the aforesaid plans and specifications, such changes or modifications must be agreed upon in writing.” The parties acted under this provision no less than eleven times. There are eleven supplemental contracts, in one of which the trivial sum of $17 is the total consideration.-

The defendants now contend that the claimants can not recover upon some of their causes of…

2Cases cited5 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1877
  2. Hawkins v. United StatesSupreme Court of the United States · 1877
  3. United States v. SmithSupreme Court of the United States · 1877
  4. Collins v. United StatesUnited States Court of Claims · 1899
  5. Driscoll v. United StatesUnited States Court of Claims · 1899

3Cited by14 opinions

  1. Beuttas v. United StatesUnited States Court of Claims · 1944
  2. Penn Bridge Co. v. United StatesUnited States Court of Claims · 1924
  3. Brinck v. United StatesUnited States Court of Claims · 1918
  4. Penker Construction Co. v. United StatesUnited States Court of Claims · 1942
  5. Smith v. United StatesUnited States Court of Claims · 1942

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