Kihlberg v. United States
Supreme Court of the United States
Appeal from the Court of Claims. This is an appeal by Kihlberg from the judgment of the Court of Claims, in a suit upon a contract made Jan. 31,1870, between the United States and him, for his transportation of military, Indian, and government stores and supplies from points on the Kansas Pacific Railway to posts, depots, and stations in portions of Kansas, Colorado, Texas, Indian Territory, and New Mexico, and to such other depots as might thereafter be designated within…
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Appeal from the Court of Claims. This is an appeal by Kihlberg from the judgment of the Court of Claims, in a suit upon a contract made Jan. 31,1870, between the United States and him, for his transportation of military, Indian, and government stores and supplies from points on the Kansas Pacific Railway to posts, depots, and stations in portions of Kansas, Colorado, Texas, Indian Territory, and New Mexico, and to such other depots as might thereafter be designated within the States and Territories named. The following are portions of the contract the construction of which is involved in this…
1Opinion of the CourtJustice Harlan
The contract which is the foundation of this action provides that transportation shall be paid “ in all cases according to the distance from the place of departure to that of delivery.” But. no specific rule is prescribed for the ascertainment of distances. The contract is silent as to whether they shall be estimated by an air line, or by the route usually travelled by contractors in conveying government stores, or by the road over which troops ordinarily marched when going from one post or station to another. The parties, however, concurred in designating a particular person — the chief…
2Cited by202 opinions
- United States v. Carlo Bianchi & Co.Supreme Court of the United States · 1963
- United States v. WunderlichSupreme Court of the United States · 1951
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. Anthony Grace & Sons, Inc.Supreme Court of the United States · 1966
- United States v. GleasonSupreme Court of the United States · 1900
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