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United States v. Carver, 278 U.S. 294 (1929)
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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.
United States v. Carver, 278 U.S. 294 (1929)
United States v. Carver No. 78 Argued November 28, 1928 Decided January 2, 1929 278 U.S. 294
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
Respondents’ vessel, while at Melbourne, Australia, during the war and under charter to pick up and transport a cargo of ore from New Caledonia, was denied clearance by Australian authorities at the request of the United States Shipping Board pending the Board’s decision whether the vessel should be ordered to abandon the charter and return to the United States with a cargo of wheat. In this situation, the respondents accepted a charter offered by the United States Food Administration Grain Corporation to carry wheat from Melbourne to New York, having concluded, after negotiations with the Food Administration, that they would better sign the charter, rather than have the United States government take over the vessel. The freight received under the wheat charter was less than would have been received under the ore charter, and respondents sued for the difference in the Court of Claims.
Held:
1. Clause(b) of the Act of June 15, 1917, gave no authority to cancel the contract for the carriage of ore. P. 298.
2. The Act did not provide for compensation to the ship owners for the cancellation of such a contract. Id.
3. The ship owners, by their acts, and not the Shipping Board, made it impossible to perform the ore charter. P. 299.
4. There was no requisition or taking of the vessel. Id.
5. The Shipping Board did not requisition the ore charter under clause (e) of the Act. Id.
64 Ct.Cls. 1 reversed.
Certiorari, 277 U.S. 578, to a judgment of the Court of Claims allowing a recovery of damages against the United States.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Carver, 278 U.S. 294 (1929) in 278 U.S. 294 278 U.S. 295. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7DTFKVTD9I2EDT8.
MLA: U.S. Supreme Court. "Syllabus." United States v. Carver, 278 U.S. 294 (1929), in 278 U.S. 294, page 278 U.S. 295. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7DTFKVTD9I2EDT8.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Carver, 278 U.S. 294 (1929). cited in 1929, 278 U.S. 294, pp.278 U.S. 295. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7DTFKVTD9I2EDT8.
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