Legal Opinion

United States v. P. J. Carlin Const. Co.

Court of Appeals for the Second Circuit

Decided May 12, 1915No. 4PublishedCited by 14 opinions

In Error to the District Court of the United States for the Southern District of New York. This cause comes here on writ of error to review a judgment of the United States District Court for the Southern District of New York, entered on January 2, 1913, dismissing the complaint on the merits. The action was brought to recover the sum of $115,000, reduced by the plaintiff at the trial to $80,000, as damages for the failure of the Carlin Company to enter into a contract.

1Opinion of the Court

ROGERS, Circuit Judge.

The government of the United States, acting through its agents, advertised, in March, 1908, that it would receive sealed proposals for the construction of certain improvements to be made at Ft. Mason, San Francisco, Cal., which work was to be done in .strict accordance with drawings and specifications. Bids were to be received until noon May 4, 1908, when they were to be publicly opened. The specifications required each bidder to submit with his proposals either a certified check for $10,000, or a surety company bond equal to 10 per cent, of the amount of his proposal,…

2Cases cited5 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1877
  2. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  3. South Boston Iron Co. v. United StatesSupreme Court of the United States · 1886
  4. Henderson v. United StatesUnited States Court of Claims · 1868
  5. South Boston Iron Co. v. United StatesUnited States Court of Claims · 1883

3Cited by14 opinions

  1. Consarc Corporation v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1993
  2. Dohrman v. SullivanCourt of Appeals of Kentucky (pre-1976) · 1949
  3. Lehigh Structural Steel Co. v. Great Lakes Const. Co.Court of Appeals for the Second Circuit · 1934
  4. Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
  5. Department of Banking v. StengerNebraska Supreme Court · 1937

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