Wise v. United States
United States Court of Claims
The Reporter's statement of the case. It is sometimes asserted that Sun Printing Association v. Moore, 183 U. S., 642, holds that the literal expression of the parties in the contract, not their ultimate intent, must determine whether they have provided for liquidated damages or a penalty. This is a misapprehension. The contract there fixed the amount to be paid upon failure to return a rented yacht. The court upheld the claim for the amount so fixed.
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The Reporter's statement of the case. It is sometimes asserted that Sun Printing Association v. Moore, 183 U. S., 642, holds that the literal expression of the parties in the contract, not their ultimate intent, must determine whether they have provided for liquidated damages or a penalty. This is a misapprehension. The contract there fixed the amount to be paid upon failure to return a rented yacht. The court upheld the claim for the amount so fixed. The principle asserted was the right of parties to liquidate their own damages in advance. But in warning against an abuse of the application…
1Opinion of the CourtHay, Judge
On the 14th day of December, 1904, a contract was made between Ambrose Stannard and the United States whereby the said Stannard agreed “ to perform all work required for the erection and general construction of two laboratory buildings for the United States Department of Agriculture at Washington.” Another provision of the contract was that the contractor should “ complete the said work in all its parts within 30 months from the date of the receipt of the notice referred to in paragraph 2 of the contract. Time is to be considered as of the essence of the contract, and in case the completion…
2Cases cited2 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Sorensen v. United StatesUnited States Court of Claims · 1916