Fitzgibbon v. United States
United States Court of Claims
The Reporter's statement of the case: The facts of the case and the averments of the petition to which the defendants demur are sufficiently set forth in the opinion of the court.
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The Reporter's statement of the case: The facts of the case and the averments of the petition to which the defendants demur are sufficiently set forth in the opinion of the court. The principal item — the one claiming for extra work done in furnishing and placing stone “ outside of the specified lines of the wall provided for in the contract ” — which counsel contends is barred by reason of the fact that the provisions of section 14 of the specifications were not complied with, is not claimed for under the contract, or at the ontract price, but on the quantum meruit. This ought to be dear…
1Opinion of the CourtBarney, Judge
The question for decision in this case arises upon the demurrer of the defendants to certain paragraphs or counts of the claimant’s petition. These paragraphs present different items of damages for which judgment is claimed, growing out of a contract for the construction of a section of quay wall in the navy yard at Portsmouth, New Hampshire. It is in substance alleged that these claims are for certain work required to be done which was a deviation from *167the contract, in effect for extra work performed under tbe contract.
The contract and specifications are attached to the petition and made a…
2Cases cited6 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Joice v. United StatesUnited States Court of Claims · 1916
- Plumley v. United StatesUnited States Court of Claims · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Steel Products Engineering Co. v. United StatesUnited States Court of Claims · 1931
- Silas Mason Co. v. United StatesUnited States Court of Claims · 1940
- General Steel Products Corp. v. United StatesDistrict Court, E.D. New York · 1941
- Patrick Corr & Sons v. United StatesUnited States Court of Claims · 1919
- In re the Appeal of LordHawaii Supreme Court · 1919
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