Callahan Construction Co. v. United States
United States Court of Claims
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. On the 8th day of May, 1899, a contract was entered into by and between the claimant and the United States, the latter acting by Maj.
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On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. On the 8th day of May, 1899, a contract was entered into by and between the claimant and the United States, the latter acting by Maj. W. L. Marshall, Corps of Engineers, United States Army, for certain construction work in connection with the construction of the Illinois & Missis-sipi Canal, in the State of Illinois, which contract was approved by the Chief of Engineers on the 19th day of June, 1899. This contract and the specifications and advertisement forming a part of the…
1Opinion of the CourtBarnet, J.
This suit arises upon a claim for balances due upon a contract for work on the Illinois and Mississippi Canal under the engineering department of the Army. The several items of the claim as shown in the findings will be considered in their order.
ITEM I. PAVING ARCH CULVERTS.
The second paragraph of the contract, and which controls in the decision of this item, is as follows:
“ That the said party of the second part, for and in consideration of payments to be made as hereinbefore provided, agrees to
“furnish all labor and material and excavate pits and construct foundations only of seven (7) arch…
2Cases cited4 opinions
- District of Columbia v. Camden Iron WorksSupreme Court of the United States · 1901
- Ittner v. United StatesUnited States Court of Claims · 1908
- Little Falls Knitting Mill Co. v. United StatesUnited States Court of Claims · 1908
- Weeks v. United StatesUnited States Court of Claims · 1910
3Cited by4 opinions
- W. E. Callahan Construction Co. v. United StatesUnited States Court of Claims · 1940
- B. F. & C. M. Davis Co. v. W. E. Callaghan Const. Co.Texas Commission of Appeals · 1927
- American Dredging Co. v. United StatesUnited States Court of Claims · 1914
- Hinkley v. United StatesUnited States Court of Claims · 1913