Legal Opinion

Clark v. United States

Supreme Court of the United States

Decided December 17, 1877No. 76PublishedCited by 149 opinions

Appeal from the Court of Claims. ' This is a claim against the-- United'States for'the value ot a steamer lost-in the government service.in September, 1865, and for her use for eight days before the loss occurred, at fl50 per day.

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Appeal from the Court of Claims. ' This is a claim against the-- United'States for'the value ot a steamer lost-in the government service.in September, 1865, and for her use for eight days before the loss occurred, at fl50 per day. The Court of Claims found the following facts : — 1. In September, 1865, at Brownsville, Texas, the claimant and Major O. O. Potter, an'officer in the Quartermaster’s Department, entered into- an oral agreement, with the approval of General Steele, commanding the western division of "Texas. The agreement was that the Quartermaster’s Department should pay the…

1Opinion of the Court

*541Mr. Justice Bradley

delivered the opinion of the court. .

The first objection made to the claim is, that the contract was not in writing, as required by the act of". June 2, .1862, entitled “ An Act to prevent and punish fraud on the part of officers intrusted with the making of contracts for the government.” 12 Stat. 411. This act provides: —•

“ Sect. 1. That it shall be the duty of the Secretary of War,- of the' Secretary of the Navy, and of the Secretary of the Interior, immediately after the passage of this act, to canse and require every contract made by them severally on behalf of the…

2Cited by149 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
  3. John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United StatesUnited States Court of Claims · 1963
  4. The United States v. Amdahl CorporationCourt of Appeals for the Federal Circuit · 1986
  5. Prestex Inc. v. The United StatesUnited States Court of Claims · 1963

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