Hunt v. United States, 257 U.S. 125 (1921)

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Hunt v. United States

No. 38

Argued October 17, 1921
Decided November 7, 1921
257 U.S. 125

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. United States v. Utah, Nevada & California Stage Co., 199 U.S. 414, followed to the effect that a general stipulation in a mail carriage contract obliging the contractor to perform new, additional, or changed service without additional compensation, when ordered by the Postmaster General, does not authorize the exaction without pay of a heavy and expensive service not within the contemplation of the parties. P. 127.

2. Where a contract for mail carriage was sublet, without filing a copy of the subcontract under c. 116, 22 Stat. 54, or obtaining the written consent of the Postmaster General, required by § 2, c. 107, 20 Stats. 62, and the government, though accepting the service performed by the subcontractor, neither had nor recognized any contractual relation except with his principal, treating the former as the agent of the latter, an action in the Court of Claims for extra service exacted by the government over his protest, but performed by the subcontractor, was properly brought by and in the name of the contractor. P. 128.

55 Ct.Clms. 77 reversed.

Appeal from a judgment of the Court of Claims against the claimant in an action to recover for extra mail carriage service.