United States v. Smith
Supreme Court of the United States
Appeal from the Court of Claims. This was a suit by the appellee to recover damages for the suspension of his contract,with the United States.
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Appeal from the Court of Claims. This was a suit by the appellee to recover damages for the suspension of his contract,with the United States. By the contract the parties agreed: — First, The said Joseph Smith, his heirs, executors, and administrators, agrees to superintend or cause to be superintended, and assist the soldiers in the erection of buildings at post of Beaver, Utah, according to plans and specifications; and agrees,also, to supply or cause to be supplied all tbe skilled labor and material necessary for the. erection of tbe buildings, in conformity witb said plans and…
1Opinion of the CourtChief Justice Waite
The only questions presented in this case relate to the liability of the United States for damages growing out of the suspension of the work under the contract sued upon. In effect, the contract bound Smith to furnish the materials and erect the buildings, the labor being performed by the soldiers at the fort, except to the extent that skilled workmen were necessary. There was no time specified within Avhich the work must be done, neither was there any poAver reserved by the United States to direct its suspension. Under such circumstances, the law implies that the Avork should be done within…
2Cases cited1 opinion
- Clark v. United StatesSupreme Court of the United States · 1868
3Cited by109 opinions
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- Bluebonnet Savings Bank, F.S.B., Stone Capital, Inc. (Formerly Known as Cfsb Corporation), and James M. Fail v. United StatesCourt of Appeals for the Federal Circuit · 2001
- United States v. RiceSupreme Court of the United States · 1942
- George A. Fuller Co. v. United StatesUnited States Court of Claims · 1947
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