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Stone, Sand & Gravel Co. v. United States, 234 U.S. 270 (1914)
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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.
Stone, Sand & Gravel Co. v. United States, 234 U.S. 270 (1914)
Stone, Sand & Gravel Co. v. United States No. 302 Argued April 23, 1914 Decided June 8, 1914 234 U.S. 270
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Where the contract contains a provision for a method of annulment and liquidated damage in case of a breach by failure to commence work and the government avails of that provision, it is only entitled to the liquidated damages and cannot recover damages for difference in cost on reletting the contract under a provision for failure to complete or abandonment after commencing the work. United States v. O’Brien, 220 U.S. 321, distinguished.
The benefit and burden of a provision in a government contract giving a right to annul in consequence of a breach by failure to commence work must hang together, and the government cannot avail of the former without accepting the latter.
195 F. 68 reversed.
The facts, which involve the liability of a contractor and its surety under a contract with the government for excavation work, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Stone, Sand & Gravel Co. v. United States, 234 U.S. 270 (1914) in 234 U.S. 270 234 U.S. 274. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=7N7ACGHU9QJ8GTT.
MLA: U.S. Supreme Court. "Syllabus." Stone, Sand & Gravel Co. v. United States, 234 U.S. 270 (1914), in 234 U.S. 270, page 234 U.S. 274. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7N7ACGHU9QJ8GTT.
Harvard: U.S. Supreme Court, 'Syllabus' in Stone, Sand & Gravel Co. v. United States, 234 U.S. 270 (1914). cited in 1914, 234 U.S. 270, pp.234 U.S. 274. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=7N7ACGHU9QJ8GTT.
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