Baird v. United States
Supreme Court of the United States
Appeal from the Court of Claims. In March, 1864, the government, requiring 'an immediate supply of locomotive engines for the use of the armies operating in Tennessee, made an order upon M. W. Baldwin & Co., a firm of locomotive builders at Philadelphia, for fifteen engines, to be delivered as soon as possible, and to the exclusion of ■ all other contracts or interests. The price fixed upon, was $18,947.72 for each engine, arid the government tax to be paid on delivery.
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Appeal from the Court of Claims. In March, 1864, the government, requiring 'an immediate supply of locomotive engines for the use of the armies operating in Tennessee, made an order upon M. W. Baldwin & Co., a firm of locomotive builders at Philadelphia, for fifteen engines, to be delivered as soon as possible, and to the exclusion of ■ all other contracts or interests. The price fixed upon, was $18,947.72 for each engine, arid the government tax to be paid on delivery. In addition to this, the firm was authorized to charge the government any advance there might be after Nov. 9, 1863, in- the…
1Opinion of the CourtChief Justice Waite
It is, no doubt, true that the. payment by a debtor of a part of his liquidated debt is not a satisfaction of the whole, unless made and accepted upon some new consideration; but it is equally true, that, where the debt is unliquidated and the-amount is uncertain, this rule does not apply. In such cases the question is, whether the payment was in fact made and accepted in satisfaction.
It is clear that, in September, 1864, when this account was first presented to the government, the amount due was uncertain, because more was then demanded than is now claimed. The counsel for the appellant say,…
2Cited by71 opinions
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- Sutcliffe Storage & Warehouse Co. v. United StatesCourt of Appeals for the First Circuit · 1947
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Smith v. Lykes Brothers-Ripley S. S. Co.Court of Appeals for the Fifth Circuit · 1939
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