United States v. Fidelity & Deposit Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error by the United States, plaintiff in the court below, to review a judgment for the defendant rendered upon a verdict by the direction of the court.
1DissentCoxe, Circuit Judge
I think the judgment should be affirmed upon the authority of United States v. Peck, 102 U. S. 64, 26 L. Ed. 46, which cannot be distinguished from the case at bar upon any rational theory. In one case the contract related to hay and in the other to stone, but the only material variation favors the contention of the defendant in error, for in the Peck Case the contract made no mention of the source from which the contractor was to secure the hay. In the case at bar, on the contrary, the contract expressly states that the quarry from which the riprap stone is to be furnished is located at…
2Cases cited2 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Fidelity & Deposit Co. v. United StatesCourt of Appeals for the Second Circuit · 1905