California Bridge & Construction Co. v. United States
United States Court of Claims
The Reporter's statement of the case: The facts as found by the court are sufficiently stated in the opinion. A right, question, or fact determined in a former suit between parties or privies can not again be raised.
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The Reporter's statement of the case: The facts as found by the court are sufficiently stated in the opinion. A right, question, or fact determined in a former suit between parties or privies can not again be raised. It is true that the f omer action was one by the United States to recover damages from-the contractors and their sureties and the present is by the contractors to recover damages from the United States, but that does not prevent the application of the principle of res judicata. The principle of res judicata applies not only to the demand, but also to every fact or legal…
1Opinion of the CourtAtkinson, Judge
This is a suit growing out of a contract entered into by the plaintiff company with the United States to erect a sawmill, boiler house, and steel chimney at the Mare Island Navy Yard, near San Francisco, Cal., according to certain plans and specifications which are attached to and form a part of the contract. Said contract and specifications are made a part of the petition in this case, to which reference is here made.
The contract was duly signed and executed on the 21st of December, 1898, but it did not provide for the exact location of the structures required to be erected on the navy yard…
2Cases cited26 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Brawley v. United StatesSupreme Court of the United States · 1878
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Aurora City v. WestSupreme Court of the United States · 1869
- Douglass v. HowlandNew York Supreme Court · 1840
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3Cited by7 opinions
- Consolidated Airborne Systems, Inc. v. The United StatesUnited States Court of Claims · 1965
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- Weisberger v. United StatesUnited States Court of Claims · 1918
- Seaboard Air Line Railway v. United StatesUnited States Court of Claims · 1924
- T & G Con., Inc. v. Pro-Tech Cond. and Heat. Ser., Inc.District Court of Appeal of Florida · 2002
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