Ingram v. United States
United States Court of Claims
The Reporters7 statement of the case: The averments of the petition and the grounds of the demurrer will be found in the opinion of the court. I. Implied contracts. An implied contract is none the less a contract, and all the elements of a contract — privity, certainty, mutuality of agreement — are necessary to its existence.
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The Reporters7 statement of the case: The averments of the petition and the grounds of the demurrer will be found in the opinion of the court. I. Implied contracts. An implied contract is none the less a contract, and all the elements of a contract — privity, certainty, mutuality of agreement — are necessary to its existence. It differs from an express contract in the mode of proof only, the former being- proven by express written or spoken words, while the latter is established by facts and circumstances which negative any hypothesis other than a mutual agreement between the parties,…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
This case comes before the court upon demurrer. The petition alleges that on the 1st day of June, 1890, the claimant made an entry under the Desert-Land Act, 3d March, 1877 (19 Stat. L., 377), of 236.55 acres in the State of Utah and paid into the hands of the receiver of the land office $118.28, being 50 cents per acre, in preliminary payment upon the said land.
The petition further alleges that the land so entered was a part of an even-numbered section of land within the limits of the grant to the Union Pacific Bailway Company.
The petition also…
2Cases cited17 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Hume v. United StatesSupreme Court of the United States · 1889
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Langford v. United StatesSupreme Court of the United States · 1880
- United States v. State BankSupreme Court of the United States · 1878
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