Farrelly v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court oí the United States ior the Southern District of New York. This action was brought by the United States against O’Brien, successor of Perkins & O’Brien, contractors, and the City Trust Company, surety under a contract for dredging Narragansett Bay and' Providence river.
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In Error to the Circuit Court oí the United States ior the Southern District of New York. This action was brought by the United States against O’Brien, successor of Perkins & O’Brien, contractors, and the City Trust Company, surety under a contract for dredging Narragansett Bay and' Providence river. Recovery was had for amounts earned, but not paid, and for what the work actually cost the government after O’Brien was put off it, as against O’Brien $73,578.76 and as against the company $27,242.45. Each defendant sued out a writ of error.
1Opinion of the Court
LACOMBE, Circuit Judge.
The contract was entered into November 16, 1899. By it the parties of the second part-agreed to furnish the necessary equipment and do all the work of dredging required in a certain part of Narragansett Bay, in accordance with specifications attached. In consideration of the parties of the second part performing the required work (removing about 2,056,491 cubic yards of material) the party of the first part agreed to pay at the rate of 10.8 cents per cubic yard. All materials and work, before acceptance, were to be subject to a rigid inspection, and the decision of the…
2Cases cited1 opinion
- King v. United StatesUnited States Court of Claims · 1902
3Cited by9 opinions
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
- United States v. O'BRIENSupreme Court of the United States · 1911
- Davis v. Jointless Fire Brick Co.Court of Appeals for the Ninth Circuit · 1924
- Robertson v. GarvanDistrict Court, S.D. New York · 1920
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
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