Legal Opinion

Hollerbach v. United States

Supreme Court of the United States

Decided April 6, 1914No. 250PublishedCited by 257 opinions

APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the construction of a Government contract for public work and the rights of the contractor thereunder, are stated in the opinion. As to the effect of pars. 20 and 70, there is no real contradiction and the special provisions control the general ones. There was no assignment of contract. In support of these contentions, see Atlantic Dredging Co. v. United States, 35 Ct.

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APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the construction of a Government contract for public work and the rights of the contractor thereunder, are stated in the opinion. As to the effect of pars. 20 and 70, there is no real contradiction and the special provisions control the general ones. There was no assignment of contract. In support of these contentions, see Atlantic Dredging Co. v. United States, 35 Ct. Cls. 463; Bock v. Perkins, 139 U. S. 628; New York v. Am. Traffic Co., 121 N. Y. Supp. 221; Delafield v. Westfield, 41 N. Y. App. Div. 24; S. C., 169 N. Y. 582; Hobbs v.…

1Opinion of the CourtJustice Day

This suit was brought to recover upon a contract between the appellants, doing business as Hollerbach & May, and the United States for the repair of Dam No. 1, Green River, Kentucky. In the aspect in which it is now presented the question involved concerns the right of the claimants to recover because of certain damages alleged to have, been suffered by them which would not have accrued had the dam been backed, with broken stone, sawdust and sediment, as was stated in paragraph 33 of the specifications .attached to the contract.

The determination of this controversy requires reference to…

2Cases cited2 opinions

  1. United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
  2. Simpson v. United StatesSupreme Court of the United States · 1899

3Cited by257 opinions

  1. Lynch v. United StatesSupreme Court of the United States · 1934
  2. United States v. SpearinSupreme Court of the United States · 1918
  3. The United States v. Johnson Controls, Inc.Court of Appeals for the Federal Circuit · 1983
  4. Christie v. United StatesSupreme Court of the United States · 1915
  5. Metcalf Construction Company v. United StatesCourt of Appeals for the Federal Circuit · 2014

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