International Contracting Co. v. United States
United States Court of Claims
On the defendants’ Derrmrrer. The Reporters’ statement of the case. The allegations of the petition demurred to will be found stated in the opinion of the court.
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
■ The question for decision arises on the defendants’ demurrer to the petition on the ground that the facts averred do not constitute a cause of action. The question presented by the demurrer is, Did the parties by the contract sued on intend it to be an entire or a separable one?
The work authorized by the act of March 2,1907 (34 Stat. L., 1073, 1075), was the improvement of Newport Harbor, B. I. In response to the advertisement therefor the claimant’s bid was received and accepted, and on December 9, 1907, it entered into the contract annexed…
2Cases cited10 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- Topliff v. TopliffSupreme Court of the United States · 1887
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
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3Cited by1 opinion
- Nicholson v. United StatesUnited States Court of Federal Claims · 1993