United States v. D'Olier Engineering Co.
District Court, E.D. Pennsylvania
At Eaw. Action by the, United States, against the D’Olier Engineering Company. On demurrer to plaintiff’s statement of claim.
1Opinion of the Court
THOMPSON, District Judge.
This is a suit in assumpsit for money bad and received, brought to recover the sum of $10,331.65, alleged to have been paid through a mistake of fact, with interest from May 1, 1910. The statement recites that the United States, through the isthmian Canal Commission, had a contract with the D’Olier Engineering Company, dated November 17, 1908, for the erection of two boiler plants, one at Gatun and the other at Miraflores, in the Isthmus of Panama, at a price of $60,335 for each plant. The price of the boilers, according to the contract, was based upon an efficiency…
2Cases cited11 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Allen v. HammondSupreme Court of the United States · 1837
- Walker v. ConantMichigan Supreme Court · 1887
- Brown v. District of ColumbiaUnited States Court of Claims · 1881
- Behring v. SomervilleSupreme Court of New Jersey · 1899
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3Cited by4 opinions
- New York Life Ins. v. TalleyCourt of Appeals for the Eighth Circuit · 1934
- Cummings v. WilliamsCourt of Appeals of Texas · 1925
- D'Olier Engineering Co. v. United StatesCourt of Appeals for the Third Circuit · 1917
- Rohn v. GilmoreIdaho Supreme Court · 1923