Chouteau v. United States
Supreme Court of the United States
Appeal from tbe Court of Claims. On the ninth day of July,' 1863, Charles W. McCord entered into a written contract for building at. St.. Louis an iron-clad steam-battery, which "wa-is built.-.and delivered, and, was called the “.Etlah.”
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Appeal from tbe Court of Claims. On the ninth day of July,' 1863, Charles W. McCord entered into a written contract for building at. St.. Louis an iron-clad steam-battery, which "wa-is built.-.and delivered, and, was called the “.Etlah.” Complete Specifications for its construction, were part of the contract;., and the United States'agreed to. pay for the battery the suM.pf $386,000;, The contract also' provided that the .Navy Department might make alterations and addition to the plana, and specifications at any time during thé progress of the work, as it might deem necessary and proper, and…
1Opinion of the CourtJustice Miller
It appears from the findings of the Cpurt of Claims that the proper officer of the Navy Department estimated the same extra work and material at $116,111, ydiick that court now estimates at $172,273.55; and that McCprd accepted this sum, if the voucher is binding on him, as the full value of his labor and materials, and acknowledged it to be payment in full.
His name -is signed to this receipt by Gilman, Son & Co., his attorneys ; and it is insisted by counsel chat they could only bind him for the sum received, and not for [ts acceptance as full compensation. It is said in argument that they…
2Cases cited1 opinion
- Dermott v. JonesSupreme Court of the United States · 1865
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