Comstock v. United States
United States Court of Claims
The Reporters’ statement of the case: The court found the following facts : I. In December, 1865, and in January, February, and March., 1866, Maj. George M. O’Brien, the supervising and commanding officer of all troops doiug escort duty on the overland stage line from Plum Creek, Nebraska, to Fort Sedgwick, Colorado, ordered Lieut.
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The Reporters’ statement of the case: The court found the following facts : I. In December, 1865, and in January, February, and March., 1866, Maj. George M. O’Brien, the supervising and commanding officer of all troops doiug escort duty on the overland stage line from Plum Creek, Nebraska, to Fort Sedgwick, Colorado, ordered Lieut. A. 0. Buntin, the acting quartermaster of the detachments, to take hay, by impressment or otherwise, to supply the horses and mules of the United States. Hay could not then be procured from any established depot, and was actually required to keep the public animals…
1Opinion of the CourtUott, J.
This case presents a question of dispute and compromise. A series of decisions upon that subject by the Supreme Court, conflicting with previous decisions of this court, renders it advisable that we review the ground, and ascertain the rule which the court of last resort has established.
The ground which this court occupied in the Frémont Contract *144Cases, and in the cases of Child, Pratt & Fox, and Clyde, (2 C. Cls. R., p. 1; 3 id., p. 105; 4 id., p. 176; 5 id., p. 134,) was that which has generally been maintained by courts of common law, beginning as long ago as Pinnel’s Case, (5 Reports, p.…
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