United States v. Atlantic Dredging Co.
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. Action in the Court of Claims to recover the sum of $545,121.72 from the United States on account of expenditures and loss caused, it is alleged, in the execution of a contract which claimant was induced to enter into by false and misleading statements of the officers of the United States in charge of excavations in the Delaware River.
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APPEAL FROM THE COURT OF CLAIMS. Action in the Court of Claims to recover the sum of $545,121.72 from the United States on account of expenditures and loss caused, it is alleged, in the execution of a contract which claimant was induced to enter into by false and misleading statements of the officers of the United States in charge of excavations in the Delaware River. In pursuance of advertisement by the United States through Colonel Kuhn, the dredging company entered into a contract to do a certain part of the work for the sum of 12.99 cents per cubic yard, scow measurement. Sealed proposals…
1Opinion of the Court 1
After stating the case as above,
2Opinion of the Court · McKennaJustice McKenna
The case turns upon the statement of the Government of its belief of the character of the material to be en countered, and, as misrepresentation, the omission from the map exhibited to bidders of the actual borings made and their disclosures.
The Government asserts that there was no misrepresentation, basing the assertion upon the declaration of the specifications that no guarantee. was intended- and the admonition to bidders that they must decide as to the character of the materials to be dredged, .and to “make their bids accordingly.”
The assertion puts out of…
3Cases cited4 opinions
- United States v. SpearinSupreme Court of the United States · 1918
- Hollerbach v. United StatesSupreme Court of the United States · 1914
- Christie v. United StatesSupreme Court of the United States · 1915
- United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
4Cited by138 opinions
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- Flippin Materials Co. v. United StatesUnited States Court of Claims · 1963
- Foster Construction C. A. And Williams Brothers Company, a Joint Venture, Etc. v. The United StatesUnited States Court of Claims · 1970
- Grand Trunk Western R. Co. v. HW Nelson Co.Court of Appeals for the Sixth Circuit · 1941
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 1924
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