Fenlon v. United States
United States Court of Claims
The Reporter s' statement of the case : The claimant having no right of appeal in this case, no findings were filed; but the facts upon which the case rested will be found in the opinion of the court. We can conceive of no other fair construction of this contract than that Fenlon was entitled to transport all the sup-lilies “ required ” by the government and not transported by the Indians.
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The Reporter s' statement of the case : The claimant having no right of appeal in this case, no findings were filed; but the facts upon which the case rested will be found in the opinion of the court. We can conceive of no other fair construction of this contract than that Fenlon was entitled to transport all the sup-lilies “ required ” by the government and not transported by the Indians. By refusing to give him such freight not transported by the Indians, the government violated its contract, and is therefore liable to him. The principles that underlie this claim — the rights, duties, and…
1Opinion of the Court
Drake, Ch. J.,
delivered the opinion of the court:
This action is brought to recover damages alleged to have been sustained by the claimant, by reason of his having been deprived of the transportation of certain Indian goods and supplies which he claims he was entitled to transport, under a contract entered into on the 6th of June, 1877, between him and William Nicholson, Superintendent of Indian Affairs, at the Central Superintendency, Lawrence, Kansas.
The only portions of the contract which are here involved are Articles I, III, and VII, and the tabular statement referred to in Article I and…
2Cited by1 opinion
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