Legal Opinion

D'Olier Engineering Co. v. United States

United States Court of Claims

Decided May 23, 1910No. 30524Published

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant company under date of September 26, 1906, entered into a contract with the United States (the material parts of which are set forth in the petition) to deliver at the Watervliet Arsenal within one hundred and twenty-five days from the date of said contract one turbo-generator for the sum of $6,500. II.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant company under date of September 26, 1906, entered into a contract with the United States (the material parts of which are set forth in the petition) to deliver at the Watervliet Arsenal within one hundred and twenty-five days from the date of said contract one turbo-generator for the sum of $6,500. II. The turbo-generator was not delivered and accepted by the Government until one hundred and eight days after the time for delivery named in the contract. Such delay was not due to…

1Opinion of the Court

Peelle, Ci-i. J.,

delivered.the opinion of the court:

This action is to recover $276.48 deducted by the accounting officers as liquidated damages for one hundred and eight days’ delay of the claimant in the performance of its contract with the Government for the delivery of a certain turbo-generator at Watervliet Arsenal, N. Y.

The contract was entered into August 29, 1906, between the claimant company and the United States through the commanding officer of said arsenal, whereby the claimant company agreed to deliver at said arsenal within one hundred and twenty-five days from said date a…

2Cases cited5 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
  3. Little v. . BanksNew York Court of Appeals · 1881
  4. Clement v. . CashNew York Court of Appeals · 1860
  5. Ellicott Machine Co. v. United StatesUnited States Court of Claims · 1908

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