Burchiel v. United States
United States Court of Claims
Petitioner claims pay for 3,60S railroad ties, at 35 cents per tie, 1,425 ties at 25 cents per tie, 831 ties at 30 cents per tie, 45 picks and 91 shovels, furnished tbe government in tbe construetion. of tbe Nashville and North Western Bailroad, amounting in all to $1,823 95. Having furnished the ties, shovels, and picks, under this contract, the prices being reasonable, there is no excuse for denying payment.
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Petitioner claims pay for 3,60S railroad ties, at 35 cents per tie, 1,425 ties at 25 cents per tie, 831 ties at 30 cents per tie, 45 picks and 91 shovels, furnished tbe government in tbe construetion. of tbe Nashville and North Western Bailroad, amounting in all to $1,823 95. Having furnished the ties, shovels, and picks, under this contract, the prices being reasonable, there is no excuse for denying payment. I. There was no contract between the United States and the claimant.- It is not satisfactorily proven that Major Yates ever attempted to make a contract; and if he had, his action in…
1Opinion of the CourtPeck, J.
Abraham Burchiel, a citizen of Humphrey Counly, Tennessee, seeks to recover the value of three thousand six hundred and eight railroad ties, ninety-one shovels, and forty-five picks, worth the sum of $1,823 95, which he alleges he furnished, sold, and delivered to the defendants, in the State of Tennessee, between the first of January and the first of June, A. D. 1864.
The proof in this case is more direct and complete than is usually presented for our consideration.
A witness, in the service of the United States at the time of the delivery of the ties, spades, and picks, alleged in the…
2Cited by4 opinions
- Lublin Corp. v. United StatesUnited States Court of Federal Claims · 2008
- Mitchell v. United StatesUnited States Court of Claims · 1884
- Emery v. United StatesDistrict Court, D. Connecticut · 1926
- Klebe v. United StatesUnited States Court of Claims · 1922