Legal Opinion

Monroe v. United States

Supreme Court of the United States

Decided March 10, 1902No. 98PublishedCited by 25 opinions

APPEAL FROM THE COURT OF CLAIMS. The appellants brought suit against the United States in the Court of Claims for the sum of $25,485.89, for-expenses incurred and for damages. The latter consisted of losses suffered by them by the breach of a contract entered, into by the United States through "W". S. Marshall, Captain in the Corps of Engineers.

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APPEAL FROM THE COURT OF CLAIMS. The appellants brought suit against the United States in the Court of Claims for the sum of $25,485.89, for-expenses incurred and for damages. The latter consisted of losses suffered by them by the breach of a contract entered, into by the United States through "W". S. Marshall, Captain in the Corps of Engineers. The contract was made in pursuance of an advertisement made by the United States, inviting proposals for constructing a canal to be known as the Illinois and Mississippi Canal, upon the terms, conditions and specifications set forth in an exhibit…

1Opinion of the CourtJustice McKenna

We agree with counsel that the question .in the case is a narrow one. It is not denied that the approval of the Chief of Engineers was necessary to ¡the legal consummation of the contraqt. It is, however, insisted that the approval was not required to be formally expressed, but could and did consist of acts preceding the written instrument,- though the latter contained the terms and covenants of the parties. In other words, it is contended that the advertisement, claimants’ bid made under competition, which was submitted to the Chief of Engineers, who, after some correspondence with the…

2Cited by25 opinions

  1. Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
  2. Campbell Building Co. v. State Road CommissionUtah Supreme Court · 1937
  3. St. Louis Hay & Grain Co. v. United StatesSupreme Court of the United States · 1903
  4. Erie Coal & Coke Corp. v. United StatesSupreme Court of the United States · 1925
  5. Ship Construction & Trading Co. v. United StatesUnited States Court of Claims · 1940

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