Whitsell v. United States
United States Court of Claims
The Reporter’s statement of the case; The facts appear sufficiently in the opinion of the court. We respectfully submit that the facts proven and those conceded by the defendant establish a clear case of an implied contract on the part of the defendant to pay claimant what his services are reasonably worth.
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The Reporter’s statement of the case; The facts appear sufficiently in the opinion of the court. We respectfully submit that the facts proven and those conceded by the defendant establish a clear case of an implied contract on the part of the defendant to pay claimant what his services are reasonably worth. The fact that he rendered the service is both conceded by the defendant and proven by the testimony of reliable and disinterested witnesses, and it is also proven that he did so at the special instance and request of the.defendant’s agent, the then postmaster at Cen-terville. The fact that…
1Opinion of the CourtPeelle, J.
This action is to recover compensation for mail-messenger service for carrying the mails between the post-office at Cen-terville and the depot at Relay, in Appanoose County, Iowa, from August 15,1889, to August 26, 1895.
The claimant was designated by the Second Assistant Postmaster-General as a mail messenger to carry the mails, as often as required, on mail-messenger route No. 92040, between the post-office at Centerville and the Wabash depot at that place, for $375 per annum, payable quarterly, from February 12, 1885.
At that time the mails were being transported to and from the Wabash…
2Cases cited3 opinions
- Gregg v. Von PhulSupreme Court of the United States · 1864
- Central Pacific Railroad v. United StatesSupreme Court of the United States · 1896
- Goode v. United StatesUnited States Court of Claims · 1890
3Cited by2 opinions
- Slavens v. United StatesUnited States Court of Claims · 1903
- Northern Pacific Railway Co. v. United StatesUnited States Court of Claims · 1931