Legal Opinion

Plumley v. United States

United States Court of Claims

Decided March 9, 1908No. 20781PublishedCited by 6 opinions

The Reporters' statement of the case: The following are the facts of the case as found, by the court: I. On the 2d day of October, 1888, P. H. McLaughlin & Co., of Washington, D. C., entered into a contract with the United States for the erection of the buildings of the Naval Observatory.

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The Reporters' statement of the case: The following are the facts of the case as found, by the court: I. On the 2d day of October, 1888, P. H. McLaughlin & Co., of Washington, D. C., entered into a contract with the United States for the erection of the buildings of the Naval Observatory. The contract is the same which was before this court in the case of P. H. McLaughlin <& Go., v. United States (37 C. Cls., 150). It contained, among other provisions, the following: “ Second. The construction and erection of said buildings, and all other work herein contracted for, shall conform in all…

1Opinion of the CourtBooth, J.

Samuel M. Plumley, the claimant herein, entered into an agreement to complete the new Naval Observatory on Georgetown Heights. The contract for the erection of the buildings had originally been let to P. H. McLaughlin & Co., in October, 1888. On September 8, 1891, the Secretary of the Navy declared the McLaughlin contract forfeited and immediately issued a public invitation for proposals for the completion of the McLaughlin contract. Claimant was the successful bidder and executed the contract in suit accordingly. Claimant’s contract was coextensive with the McLaughlin agreement and obligated…

2Cases cited2 opinions

  1. P. H. McLaughlin & Co. v. United StatesUnited States Court of Claims · 1902
  2. Alvord v. United StatesUnited States Court of Claims · 1872

3Cited by6 opinions

  1. Plumley v. United StatesSupreme Court of the United States · 1913
  2. United States v. CunninghamCourt of Appeals for the D.C. Circuit · 1941
  3. Fitzgibbon v. United StatesUnited States Court of Claims · 1917
  4. Patrick Corr & Sons v. United StatesUnited States Court of Claims · 1919
  5. Hardwick v. United StatesUnited States Court of Claims · 1942

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