Torrey v. United States
U.S. Circuit Court for the District of Eastern Missouri
At Law. On motion to strike out special plea. Plaintiff's petition contains two bounts, the first laying the damages at $525 and the second at $3,000, for other violations of the contract. Act Gong. March 3, 1887, c. 859, § 2, provides that the circuit courts shall have concurrent jurisdiction with the court of claims in all actions against the United States where the amount involved exceeds $1,000, and does not exceed $10,000.
1Opinion of the CourtThayer, J.
In this case the plaintiff sues in the first count to recover a balance alleged to be due on a contract with the government to deliver 475,000 pounds of beef cattle (either steers or cows) at the Shoshone Indian agency. It is alleged in the petition that the price agreed to he paid was $3.50 per hundred on the hoof, but that the government only allowed and paid $2.80 per hundred for such cows as were delivered, and that, in consequence of its failure to pay for the cows at the price stipulated in the contract, there is a balance still due in the sum of $525. The government answers the…
2Cases cited1 opinion
- Smith v. St. Louis Beef Canning Co.Missouri Court of Appeals · 1884