United States v. R. P. Andrews & Co., 207 U.S. 229 (1907)

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United States v. R. P. Andrews & Company

No. 44

Argued November 8, 11, 1907
Decided December 2, 1907
207 U.S. 229

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Whether the Philippine Islands are a distinct governmental entity for whose contracts the United States is bound not decided, but held in this case that, the purchase having been made by the Secretary of War through the Division of Insular Affairs, the contract was on behalf of the United States, notwithstanding the statement that the price was to be paid from Philippine funds.

Delivery of goods by a consignor to a common carrier for account of a consignee amounts to a delivery, and where a purchaser directs delivery of the goods for his account to a designated carrier, the latter becomes his agent. Delivery by the consignor, and acceptance by the consignee or his agent, of bills of lading issued by a common carrier for goods constitutes a delivery.

While the presumption of delivery of goods to the consignee by delivery to a common carrier designated by him may be overcome by express contract that the goods are to remain at consignor’s risk until arrival at ultimate destination, the mere statement in a government proposal that goods are to be " F.O.B. port of destination," without designating the carrier, is not sufficient to rebut that presumption where it appears that subsequently the government directed the goods to be delivered "F.O.B. port of shipment " to a designated common carrier.

The invalidity of a contract with the United States because not reduced to writing and signed by the parties with their names at the end thereof a required by § 3744, Rev.Stat., is immaterial after the contract has been performed. St. Louis Hay Co. v. United States, 191 U.S. 159.

41 Ct.Cl. 48 affirmed.

The fact are stated in the opinion.