Legal Opinion

Saint Paul & Duluth Railroad v. United States

United States Court of Claims

Decided April 23, 1883No. 12403PublishedCited by 2 opinions

The following are the facts found by the court : I. On the 8th day of October, 1875, the Lake Superior and Mississippi Eailroad Company, a corporation created under the laws of the State of Minnesota, entered into the following contract with the defendants : This article of contract, made the eighth day of October, in the year one thousand eight hundred and seventy-five, between the United States of America (acting in this behalf by the Postmaster-General) and the Lake…

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The following are the facts found by the court : I. On the 8th day of October, 1875, the Lake Superior and Mississippi Eailroad Company, a corporation created under the laws of the State of Minnesota, entered into the following contract with the defendants : This article of contract, made the eighth day of October, in the year one thousand eight hundred and seventy-five, between the United States of America (acting in this behalf by the Postmaster-General) and the Lake Superior and Mississippi Railroad Company, by J. P. Ilsley, its president, and William Dawson and John B. Cook, as sureties,…

1Opinion of the Court 1

*415OPINION.

2Opinion of the Court · DavisDavis, J.

This case has two branches, with quite distinct questions of law for decision.

I. On the 8th of October, 1875, the Postmaster-General made a contract with the Lake Superior and Mississippi Eailroad Company for the transportation of mails during a term of four years, which contract contained the following provision:

9th. That the Postmaster-General may discontinue or curtail the service in whole or in part whenever the public interests, in his judgment, shall require such discontinuance or curtailment for any cause; he allowing as a full indemnity to the contractor one month’s extra pay…

3Cases cited11 opinions

  1. Goodman v. NiblackSupreme Court of the United States · 1881
  2. Erwin v. United StatesSupreme Court of the United States · 1878
  3. United States v. GillisSupreme Court of the United States · 1877
  4. Spofford v. KirkSupreme Court of the United States · 1878
  5. McKnight v. United StatesSupreme Court of the United States · 1879

6 more not listed; retrieve them via the Exa API.

4Cited by2 opinions

  1. Bailey v. United StatesUnited States Court of Federal Claims · 2007
  2. George Howes & Co. v. United StatesUnited States Court of Claims · 1889

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