Southern Pacific Co. v. United States
United States Court of Claims
The Reporter’s statement of the case: In this case there are but two issues to be considered: First. Whether the Secretary of War may vitiate a contract made by a duly authorized quartermaster with the railroad, and substitute for the rate agreed upon in the contract lower rates which he deems to be just and reasonable. Second.
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The Reporter’s statement of the case: In this case there are but two issues to be considered: First. Whether the Secretary of War may vitiate a contract made by a duly authorized quartermaster with the railroad, and substitute for the rate agreed upon in the contract lower rates which he deems to be just and reasonable. Second. Whether both parties agree that class A, net cash rate, shall apply to a movement, and that rate is specified in the contract as 72 cents and it develops that the railroad employed an illegal method of computing the rate which would have been, if legally computed, 46…
1Opinion of the CourtBooth, Judge
The plaintiff company, on the dates mentioned in the findings, by special contract in writing, agreed with the defendants to transport over its own and connecting lines by special train service certain animals, vehicles, camp equipage, and impedimenta belonging to and accompanying troops of the United States. The findings are not disputed, and no issue of fact is raised. The company performed the service to the entire satisfaction of the defendants and presented its bills for the same in accord with the contract terms. The Auditor for the War Department challenged the legality of the rates…
2Cases cited3 opinions
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Bush v. United StatesUnited States Court of Claims · 1917
- Southern Pacific Co. v. United StatesSupreme Court of the United States · 1915
3Cited by5 opinions
- Missouri Pacific Railroad v. United StatesUnited States Court of Claims · 1921
- Los Angeles & Salt Lake Railroad v. United StatesUnited States Court of Claims · 1920
- Louisville & Nashville Railroad v. United StatesUnited States Court of Claims · 1923
- Missouri Pacific Railroad v. United StatesUnited States Court of Claims · 1921
- Southern Pacific Co.United States Court of Claims · 1938