Pacific Hardware & Steel Co. v. United States
United States Court of Claims
The Reporter’s statement of the case: The allegations of the petition demurred to will be found stated in the opinion of the court.
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The Reporter’s statement of the case: The allegations of the petition demurred to will be found stated in the opinion of the court. I believe that the Government has the right to provide by contract for such contingencies as its experience shows are liable to arise in the transaction of its great and diversified business, and that contingencies and conditions governing them may properly be made the subject of competition in the letting of contracts, and that, if made the subject of competition in the letting of a contract and they become subsequently an integral part of such contract, the…
1Opinion of the CourtAteiNSON, J.
In this cause the defendants demur generally “that the petition does not allege facts sufficient to constitute a cause of action.”
The plaintiff company in its petition in substance alleges that it entered into various and sundry contracts with the Navy Department, through the Chief of the Bureau of Supplies and Accounts, during the years 1905 and 1906, whereby it agreed to deliver to the Isthmian Canal Commission on the Isthmus of Panama within certain prescribed periods certain materials to be used by said commission. The contracts, which are made a part of plaintiff’s petition, provided…
2Cases cited7 opinions
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Garrison v. United StatesSupreme Court of the United States · 1869
- Chicago House-Wrecking Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1901
- Lewman v. United StatesUnited States Court of Claims · 1906
- Crane Co. v. United StatesUnited States Court of Claims · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. SwansonDistrict Court, E.D. Michigan · 1985