Gibbons v. United States
Supreme Court of the United States
Appeal from the Court of Claims. The case as found by that court was thus: Gibbons entered into a contract with the United States for the delivery of two hundred thousand bushels of oats within thirty days from the date of the contract.
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Appeal from the Court of Claims. The case as found by that court was thus: Gibbons entered into a contract with the United States for the delivery of two hundred thousand bushels of oats within thirty days from the date of the contract. He delivered a portion of the oats, and was ready and' offered to deliver the residue within the thirty days, but was prevented by the officers of the United States from so doing; they would not receive it, because they had not convenient storehouses for it. Subsequently to this refusal, the quartermaster having charge of the contract on the part of the United…
1Opinion of the CourtJustice Miller
The facts found by the Court of Claims'show, that under the original contract between the plaintiff and the United States the plaintiff had delivered part of the 200,000 bushels of oats which he had agreed to deliver and had tendered the remainder, and that the quartermaster to whom they were properly tendered had refused to receive them. If the plaintiff suffered any loss by that refusal, he is entitled to recover for it in this action. But the only items of his account which refer to this part of the transaction were allowed to him- by the court, except the claim of $400 damages- for…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
3Cited by146 opinions
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
- United States v. LeeSupreme Court of the United States · 1882
- Ex Parte CranmanSupreme Court of Alabama · 2000
- Belknap v. SchildSupreme Court of the United States · 1896
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