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Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925)
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Kunhardt & Company, Inc. v. United States No. 141 Argued December 10, 1924 Decided January 5, 1925 266 U.S. 537
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. In order to comply with the demand of government officials that it deliver goods at a port in this country, as required to do by its contracts of sale with the United States, claimant was obliged to forego a profitable disposition of a vessel it owned and prepared her for the transportation, before the contracts were cancelled. Held, that there was no taking of the vessel under eminent domain, and that the United States was not liable for the depreciation of her sale value. P. 540.
2. There can be no recovery on an agreement of the United States to pay the amount by which the cost of equipment provided for performance of a war contract exceeds its value at termination of the contract, as determined by appraisers, where cost and appraisal are not alleged and depreciation is not shown. Id.
3. A contract adjusting a claim under cancelled war contracts, which, by its terms, was not binding until approved by a board of contract review, was of no force without such approval. P. 541.
58 Ct. Clms. 718 affirmed.
Appeal from a judgment of the Court of Claims dismissing a petition on demurrer.
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Chicago: U.S. Supreme Court, "Syllabus," Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925) in 266 U.S. 537 266 U.S. 538. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=6Z985GYVH8F1ZDQ.
MLA: U.S. Supreme Court. "Syllabus." Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925), in 266 U.S. 537, page 266 U.S. 538. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6Z985GYVH8F1ZDQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925). cited in 1925, 266 U.S. 537, pp.266 U.S. 538. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=6Z985GYVH8F1ZDQ.
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