Legal Opinion

D'Olier Engineering Co. v. United States

Court of Appeals for the Third Circuit

Decided April 9, 1917No. 2108PublishedCited by 1 opinion

In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Action by the United States against the D’Olier Engineering Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below the United States brought an action at law against the D’Olier Engineering Com*91pany, to recover an alleged mistakenly made overpayment in settlement oí a contract for furnishing and installing boilers for the Panama Canal. Trial by jury having been waived, the case was heard by a judge, who entered judgment for the government for the full amount of its claim. Thereupon the defendant took this writ of error. The opinion of the court below is reported in (D. C.) 215 Fed. 209. The proofs in the case tended to show that having been the accepted bidder…

2Cases cited4 opinions

  1. Kihlberg v. United StatesSupreme Court of the United States · 1878
  2. Felin v. FutcherSuperior Court of Pennsylvania · 1912
  3. United States v. D'Olier Engineering Co.District Court, E.D. Pennsylvania · 1914
  4. Rand v. WebberSupreme Judicial Court of Maine · 1874

3Cited by1 opinion

  1. Ohio Sav. Bank & Trust Co. v. Willys Corp.Court of Appeals for the Third Circuit · 1926

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