St. Louis Hay & Grain Co. v. United States
United States Court of Claims
The Reporten? statement of the case: The facts of the case are stated in the opinion of the court. 1. The claim is in effect for the market price of goods actually sold and delivered. In this view it is sustainable, irrespective of a special contract. Miehell v. United States, 19 C. Cls. R., 39, 15; South Boston Iron Company's case, 18 C. Cls. 11., 165; BurchieVs case, 4 C. Cls. R., 549; Ileaih-field's case, 8 id., 213; Salomon's case, 19 Wall., 17, and 9 C. Cls.
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The Reporten? statement of the case: The facts of the case are stated in the opinion of the court. 1. The claim is in effect for the market price of goods actually sold and delivered. In this view it is sustainable, irrespective of a special contract. Miehell v. United States, 19 C. Cls. R., 39, 15; South Boston Iron Company's case, 18 C. Cls. 11., 165; BurchieVs case, 4 C. Cls. R., 549; Ileaih-field's case, 8 id., 213; Salomon's case, 19 Wall., 17, and 9 C. Cls. R., 54; Clarke. United States, 95 U. S., 539; Salomon v. United States, 9 C. Cls. R., 54, 60. In this case the parties have shown…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
The ultimate facts of the case are these:
1. The officers of the Quartermaster’s Department entered into an agreement with the claimant for the sale and delivery of hay. “The estimated quantity” was 9,000,000 pounds. The quantity might “be increased or decreased at the option of the United States, not exceeding 20 per centum thereof.” Should “the troops be wholty or in part withdrawn” from the camp at Chickamauga Park, “the award” — that is to say, the agreement — was to “ become inoperative to the extent of such reduction.” Deliveries were to…
2Cases cited6 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Clark v. United StatesSupreme Court of the United States · 1877
- United States v. SpeedSupreme Court of the United States · 1869
- Savage v. United StatesSupreme Court of the United States · 1876
- Comstock v. United StatesUnited States Court of Claims · 1873
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3Cited by4 opinions
- Escote Manufacturing Company v. United StatesUnited States Court of Claims · 1959
- Delaine Mills Inc. v. United StatesUnited States Court of Claims · 1922
- Ackerlind v. United StatesUnited States Court of Claims · 1914
- Gillioz v. United StatesUnited States Court of Claims · 1944