Legal Opinion

Zimmerman v. United States

United States Court of Claims

Decided May 25, 1908No. 21911Published

The Reporters’’ statement of the case: On the trial of the case judgment was rendered against the claimants on certain items of the demand. The case now brought before the court is by motion for a new trial in the nature of an appeal, the claimants alleging errors of law and fact in various items of the findings.

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The Reporters’’ statement of the case: On the trial of the case judgment was rendered against the claimants on certain items of the demand. The case now brought before the court is by motion for a new trial in the nature of an appeal, the claimants alleging errors of law and fact in various items of the findings. The court treats the hearing of the motion as a new trial and finds the following facts: THE FIRST CONTRACT, LOCK NO. 9. I. A contract was made between the United States and the claimants on May 23,1893, which, with the advertisement, the specifications as far as material, and the…

1Opinion of the CourtHowrt, Judge

This is a claim upon two contracts for constructing locks and dams on the Great Kanawha River in West Virginia. The contracts were in the form usually made by the Government with private contractors for large river and harbor improvements, not providing a gross sum for the completion of the whole work, but a fixed sum for a given unit of each kind of work to be performed. There were numerous items, with much conflict of testimony respecting many of them. Judgment was rendered for the claimants on certain of these demands and against them on other items. The questions *561now presented arise on a…

2Cases cited2 opinions

  1. Electric Fireproofing Co. v. United StatesUnited States Court of Claims · 1904
  2. Hatfield v. Department of HighwaysWest Virginia Court of Claims · 1985

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