Bulkley v. United States
Supreme Court of the United States
Appeal from the Court of Claims, in which court H. S. Bulkley filed a petition against the United States to recover damages on a contract for the transportation of army supplies in the West, by which, as he alleged, the government, after having given him notice that it would furnish to him certain supplies for transportation, and not having furnished them (he having made his preparations to transport them), became bound to pay to him the profits which he would have made had…
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Appeal from the Court of Claims, in which court H. S. Bulkley filed a petition against the United States to recover damages on a contract for the transportation of army supplies in the West, by which, as he alleged, the government, after having given him notice that it would furnish to him certain supplies for transportation, and not having furnished them (he having made his preparations to transport them), became bound to pay to him the profits which he would have made had the supplies been so furnished and transported. The Court of Claims decreed against the claim, and he took this appeal.
1Opinion of the CourtJustice S Wayne
stated the case and delivered the opinion of the court.
The result of the case here depends upon the construction to be given to the fourth article of the contract between the parties.
Bulkley agreed to transport any quantity of such supplies —between 100,000 and 10,000,000 pounds — that might be turned over to him for that purpose, from April to September,, 1865. The fourth article provided—
“That in order that the said H. S. Bulkley shall be in readiness to meet the demands that shall be made upon him for transportation under this contract and agreement, due notice shall be given him or his…
2Cases cited1 opinion
- United States v. BabbitSupreme Court of the United States · 1862
3Cited by22 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
- W. E. Callahan Construction Co. v. United StatesUnited States Court of Claims · 1940
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