Swan v. Chorpenning
California Supreme Court
Appeal from the Eleventh Judicial District. The contract, for the breach of which this action is brought, was a verbal one, and is stated in the complaint as follows: That “un the-day of-, A. D. 1858, being a short time previous to the letting of the mail contract for carrying the United States mail from the city of-, California, to the city of Salt Lake, Utah Territory, by the Post Office Department at Washington City—the said plaintiff and defendant being both mail…
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Appeal from the Eleventh Judicial District. The contract, for the breach of which this action is brought, was a verbal one, and is stated in the complaint as follows: That “un the-day of-, A. D. 1858, being a short time previous to the letting of the mail contract for carrying the United States mail from the city of-, California, to the city of Salt Lake, Utah Territory, by the Post Office Department at Washington City—the said plaintiff and defendant being both mail contractors; and the said defendant being desirous to obtain from said Department the contract for carrying the said mails…
1Opinion of the CourtCope, J.
This is an appeal from an order granting a new trial. The plaintiff is the appellant, and the result of our examination of the case is adverse to the maintenance of the action. The suit is upon an agreement entered into in fraud of the policy of the Government in respect to the mode of providing for the transportation of the mails. Contracts for that purpose are required to be awarded to the lowest bidder, and any agreement tending to deprive the Government of the advantage of competition in the bidding is unlawful and void. In this case, the Government advertised for proposals for carrying…
2Cited by15 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- Dement v. RokkerIllinois Supreme Court · 1888
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