Legal Opinion

Guy v. United States

United States Court of Claims

Decided December 2, 1889No. 14748PublishedCited by 2 opinions

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the coart: I. On the 23d day of May, A. D. 1881, Paul McCormick, party of the second part, entered into a written contract in the usual form of army supply contracts with the United States, through Lieut. Col.

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On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the coart: I. On the 23d day of May, A. D. 1881, Paul McCormick, party of the second part, entered into a written contract in the usual form of army supply contracts with the United States, through Lieut. Col. William Myers, Deputy United States Quartermaster-General, party of the first part, to supply and deliver at the military station of Port Custer, Mont., 1,600,000-pounds of oats, between July 1,1881, and June 30,1882, at $3.25 for each 100 pounds. Said contract, among other provisions, contained…

1Opinion of the Court

Biohardson, Ch. J.,

delivered the opinion of the court: This action is founded on an alleged contract between the parties arising upon the following facts:

One Pearson, the post quartermaster at Fort Ouster, Montana Territory, was instructed by the chief quartermaster to *65buy grain in open market for the use of Ms post, and to charge to a contractor who was in default the excess of cost over the contract price.

Pearson thereupon dispatched, January 6, 1882, a wagon-master with teams under instructions to go to the residence of the claimant, about 40 miles distant, and buy oats of him at 6 cents a…

2Cases cited2 opinions

  1. The Elgee Cotton CasesSupreme Court of the United States · 1875
  2. Thompson v. GraySupreme Court of the United States · 1816

3Cited by2 opinions

  1. Bache & Co., Inc. v. International Controls Corp.District Court, S.D. New York · 1972
  2. Friedenstein v. United StatesUnited States Court of Claims · 1899

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