Monad Engineering Co. v. United States
United States Court of Claims
The Reporter’s statement of tlie case: The representation as to the character of the material to be excavated was plainly intended to be relied upon. In fact, this is admitted; and the admission is in accord with legal principles. The condition of the top of the ledge was a matter peculiarly within the knowledge of the Government ; and the representation regarding it was made in order to secure bids for the work.
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The Reporter’s statement of tlie case: The representation as to the character of the material to be excavated was plainly intended to be relied upon. In fact, this is admitted; and the admission is in accord with legal principles. The condition of the top of the ledge was a matter peculiarly within the knowledge of the Government ; and the representation regarding it was made in order to secure bids for the work. It is well settled that one of the contracting parties is entitled to rely upon a statement made by the other party, as to a matter within his knowledge, and which is the basis of…
1Opinion of the CourtDowNex, Judge
The plaintiff company, on the 14fch day of June, 1907, contracted with the United States, represented by Maj. C. A. F. Flagler, Corps of Engineers, as the contracting officer, for the erection of a foundation for a lighthouse on the Elbow of Cross Ledge, in Delaware Bay, by the erection, sinking, and filling with concrete of a metal caisson, for the sum of $44,000, the work to be completed on or before November 1, 1907. •
The metal plates, braces, beams, etc., entering into the construction of the caisson were to be furnished by the United States at Christiana Light Station, or some other…
2Cases cited3 opinions
- Simpson v. United StatesSupreme Court of the United States · 1899
- Pierce v. Somerset RailwaySupreme Court of the United States · 1898
- Lewman v. United StatesUnited States Court of Claims · 1906
3Cited by2 opinions
- Hampton v. United StatesUnited States Court of Claims · 1935
- Southern Surety Co. v. United StatesUnited States Court of Claims · 1932