American Bonding Co. v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. This was an action at law brought by the United States against Rudolf Axman on an agreement dated November 21, 1902, and entered into between Lieutenant-Colonel W. H. Heuer of the Corps of Engineers, for and on behalf of the United States, and Rudolf Axman, for the dredging of a channel through the shoal in San Pablo Bay in California.
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In Error to the Circuit Court of the United States for the Northern District of California. This was an action at law brought by the United States against Rudolf Axman on an agreement dated November 21, 1902, and entered into between Lieutenant-Colonel W. H. Heuer of the Corps of Engineers, for and on behalf of the United States, and Rudolf Axman, for the dredging of a channel through the shoal in San Pablo Bay in California. The action was also against the plaintiff in error on a bond of the same date guaranteeing the fulfillment of the contract. The guaranty bond is in the sum of $50,000.…
1Opinion of the Court
MORROW, Circuit Judge.
The dredging contract entered into between Colonel Heuer, of the Corps of Engineers, for and on behalf of the United States, and Rudolf Axman, on November 21, 1902, provided, among other things, in paragraph 1, that:
“The said Rudolf Axman will do such dredging in San Pablo Bay, California, as may be required by the said W. H. Heuer, in accordance with the *911specifications hereunto annexed, and that he, the said W. IT. Heuer, or his successor, will pay to the said Itudolf Axinan- the sum of eleven and forty-four one hundredths cents per cubic yard for all such dredging as…
2Cases cited7 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Reese v. United StatesSupreme Court of the United States · 1870
- United States v. FreelSupreme Court of the United States · 1902
- George A. Fuller Co. v. DoyleU.S. Circuit Court for the District of Eastern Missouri · 1898
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1904
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3Cited by14 opinions
- Massachusetts Bonding & Ins. Co. v. John R. Thompson Co.Court of Appeals for the Eighth Circuit · 1937
- City of Fergus Falls v. Illinois Surety Co.Supreme Court of Minnesota · 1910
- Massachusetts Bonding & Ins. Co. v. DavisCourt of Appeals of Texas · 1925
- United States v. PoeCourt of Appeals of Maryland · 1921
- United States v. WeisbergerCourt of Appeals for the Ninth Circuit · 1913
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