Salisbury v. United States
United States Court of Claims
The Reporters’ statement-of the case: The substance of the petition to which the defendants demurred will be found in the opinion of the court. We had occasion in a recent case (McGinnis, for the use of Gunley and Belt, No. 15419) to discuss incidentally the rights of a subcontractor under the subletting provided for by statute.
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The Reporters’ statement-of the case: The substance of the petition to which the defendants demurred will be found in the opinion of the court. We had occasion in a recent case (McGinnis, for the use of Gunley and Belt, No. 15419) to discuss incidentally the rights of a subcontractor under the subletting provided for by statute. The position contended for was that the subcontractor was but the agent of the contractor with the consent of the defendant, and the court so found in its opinion. The doctrine thus announced would, as it seems to us, be conclusive against the rights of claimant to…
1Opinion of the Court
RICHARDSON, Oh. J.,
delivered the opinion of the court:
The claimant was subcontractor under four contracts between the United States and different persons for carrying the mails on routes and at rates of compensation therein agreed upon.
Among other things, the petition alleges that each contract provided for “ one month’s extra pay on the amount of service dispensed with, as a full indemnity to said contractor, in case of decrease, curtailment, or discontinuance of service;”
That the contractor sublet to the claimant by written contracts “duly filed in the Post-Office Department and duly…
2Cases cited3 opinions
- Dennis v. United StatesUnited States Court of Claims · 1885
- McGinnis ex rel. Gurley v. United StatesUnited States Court of Claims · 1892
- Smith ex rel. RochesterUnited States Court of Claims · 1891