Parish v. United States
Supreme Court of the United States
Appeal from the Court of Claims. The case was thus: On the 4th of December, 1863, D. L. Magruder, the surgeon and medical purveyor of the military department of the West, acting under instructions of the Surgeon-General of the United States, gave notice that proposals would be received at his office in Louisville, Kentucky, until the 20th of that month, for furnishing ice to all ihe general hospitals of the United States at the West, including the division of the Mississippi…
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Appeal from the Court of Claims. The case was thus: On the 4th of December, 1863, D. L. Magruder, the surgeon and medical purveyor of the military department of the West, acting under instructions of the Surgeon-General of the United States, gave notice that proposals would be received at his office in Louisville, Kentucky, until the 20th of that month, for furnishing ice to all ihe general hospitals of the United States at the West, including the division of the Mississippi and the Department of the Gulf, in such quantities as might be required, for the use of the sick and wounded, during…
1Opinion of the CourtJustice Field
Upon the facts found by the Court of Claims, it is difficult to perceive upon what ground the contractors can urge any claim for damages against the government. The contract with New Orleans erased, superseded all other proposed contracts. No other had any validity. The action of Magruder, until the approval of the Secretary of War, was merely initiatory to a contract. He could not bind the United States in any way.
If the claimants had any objections to the provisions of the contract they signed, they should have refused to make it. Haviug made it, and executed it, their mouths are closed…
2Cited by18 opinions
- New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fourth Circuit · 1927
- Rough Diamond Co. v. United StatesUnited States Court of Claims · 1965
- Ed S. Michelson, Inc. v. Nebraska Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1933
- Chisholm & Moore Manufacturing Co. v. United States Canopy Co.Tennessee Supreme Court · 1903
- Yellow Poplar Lumber Co. v. ChapmanCourt of Appeals for the Fourth Circuit · 1896
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