Legal Opinion

Scott v. United States.

United States Court of Claims

Decided April 19, 1909No. 28778PublishedCited by 11 opinions

The Reporters' statement of the case: The following are the facts as found by the court: I. On March 18,1905, the Commissioner of Indian Affairs issued a circular announcing that on Tuesday, April 18, 1905, at 2 o’clock p. m., sealed proposals for leasing certain lands designated as leasing districts Nos. 1, 2, and 3 in the Fort Berthold Indian Reservation in the State of North Dakota would be opened; and it was required that each proposal should be accompanied by a…

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The Reporters' statement of the case: The following are the facts as found by the court: I. On March 18,1905, the Commissioner of Indian Affairs issued a circular announcing that on Tuesday, April 18, 1905, at 2 o’clock p. m., sealed proposals for leasing certain lands designated as leasing districts Nos. 1, 2, and 3 in the Fort Berthold Indian Reservation in the State of North Dakota would be opened; and it was required that each proposal should be accompanied by a certified check or draft made payable to the order of the Commissioner of Indian Affairs for at least 5 per cent of the entire…

1Opinion of the CourtAtkiNSON, J.

The plaintiff in this cause sues to recover $500 from the United States, deposited b3r his attorney in plaintiff’s name with the Commissioner of Indian Affairs, Interior Department, as a guaranty for a bid made by him through his said attorney, under, an advertisement of said Indian Office for bids to lease- districts numbered 1, 2, and 3 of the Fort Ber-thold Indian Reservation situate in the State of North Dakota, in which advertisement it was provided that all leases made thereunder should be subject to the approval of the Secretary of the Interior before the same should become effective. ■

2Cases cited2 opinions

  1. Kimball v. HewittNew York Court of Common Pleas · 1888
  2. Kelsey v. United StatesUnited States Court of Claims · 1865

3Cited by11 opinions

  1. Sun Oil Co. v. United StatesUnited States Court of Claims · 1978
  2. Anthony P. Miller, Inc. v. United StatesUnited States Court of Claims · 1963
  3. Tony Downs Foods Co. v. United StatesUnited States Court of Claims · 1976
  4. O'BRIEN v. CarneyDistrict Court, D. Massachusetts · 1934
  5. United States v. LipmanDistrict Court, E.D. Pennsylvania · 1954

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