Ramsdell ex rel. Smith v. United States
United States Court of Claims
This is an action brought upon an express contract for the delivery to the United States of ten thousand stand of arms, at the price of twenty-one dollars each.
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This is an action brought upon an express contract for the delivery to the United States of ten thousand stand of arms, at the price of twenty-one dollars each. The contract consists of a proposal and acceptance, as follows : Washington, D. C., October SI, 1861. To the Hon. Secretary of War : I propose to fill the order of the department in July last to C. K. Garrison for 10,000 rifled muskets, which he has failed to execute, with an arm equal in every respect to the one he agreed to furnish, and at a price six dollars less per gun than the price named in his order. A sample of the gun I…
1Opinion of the Court
Loring, J.,
delivered tbe opinion, of. tbe court:
The court find in this case the facts to be, that— -
In July, 1861, C. K. Garrison bad contracted with tbe United States, under an order of the Ordnance bureau, to furnish ten thousand rifled muskets of French make, (Liege,) at $27 each, and failed to perform his contract.
On the 31st October, 1861, the said Ramsdell, for Smith, by letter of that date, proposed to the Secretary of War, the Hon. S. Cameron, to fulfil the contract made with the said Garrison “ with an arm equal in every respect to the one he (Garrison) had agreed to furnish, and at…
2Cases cited1 opinion
- Ford v. WilliamsSupreme Court of the United States · 1858
3Cited by4 opinions
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- Mitchell v. United StatesUnited States Court of Claims · 1883
- City of Milwaukee v. BlockDistrict Court, E.D. Wisconsin · 1988
- Havens v. United StatesUnited States Court of Claims · 1924