Legal Opinion

United States v. Empire State Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 1906PublishedCited by 2 opinions

Submission- of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Hirschbebg, P. J.:

In the spring or summer of 1903 a contract was entered into between the general superintendent of the United States Life Saving Service and a corporation known as the Marine Construction and Dry Dock Company of New York for the construction by the latter of fifteen self-righting and self-bailing life boats for the United States government. The contract provided that the general superintendent should have the power to annul and revoke it whenever, in his judgment, good and sufficient cause existed for so doing, in which event the company should not be entitled to anything on…

2Cases cited2 opinions

  1. Wilson v. WebberNew York Supreme Court · 1895
  2. Wilson v. . Webber, TrevorNew York Court of Appeals · 1898

3Cited by2 opinions

  1. Maiatico Const. Co. v. United States Ex Rel. PhelpsCourt of Appeals for the D.C. Circuit · 1935
  2. Irwin v. United StatesCourt of Appeals for the D.C. Circuit · 1941

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