Salomon v. United States
Supreme Court of the United States
A statute of June 2d, 1862,* thus enacts: “It shall be the duty of the Secretary of War, Secretary of the Navy, &c., to cause and require every contract made by them severally on behalf of the government, or by their officers under them appointed, to be reduced to writing, and signed by the contracting parties with their names at the end thereof.”
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A statute of June 2d, 1862,* thus enacts: “It shall be the duty of the Secretary of War, Secretary of the Navy, &c., to cause and require every contract made by them severally on behalf of the government, or by their officers under them appointed, to be reduced to writing, and signed by the contracting parties with their names at the end thereof.” This statute being in force, Salomon entered into a written contract, on the 28th of July, 3864, with the quartermaster’s department, to deliver at Fort Fillmore, 12,000 bushels of corn, at such times and in such quantities, of not less than 1000…
1Opinion of the CourtJustice Miller
Whether we regard the delivery made in October as made under a verbal extension of the time stipulated in the original contract, or consider it as a new transaction in which the government received and took possession of the corn, and used part of it and permitted the remainder to be injured in its hands, we think the claimant is equally entitled to be paid for it.
The act of 1862, requiring contracts for military supplies to be in writing, is not infringed by the proper officer having charge of such matter, accepting delivery of such supplies after the day stipulated, nor is a verbal…
2Cited by32 opinions
- Railroad Co. v. United StatesSupreme Court of the United States · 1880
- New York Market Gardeners' Ass'n v. United StatesUnited States Court of Claims · 1908
- Beers v. Dalles CityOregon Supreme Court · 1888
- State v. McCloudSupreme Court of Kansas · 1995
- William Cramp & Sons Ship & Engine Building Co. v. United StatesSupreme Court of the United States · 1910
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