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United States v. Smith, 256 U.S. 11 (1921)
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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. Smith, 256 U.S. 11 (1921)
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United States v. Smith No. 253 Argued March 22, 23, 1921 Decided April 11, 1921 256 U.S. 11
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. In the performance of a contract with the United States for the excavation of a channel to specified depths, under attached specifications describing the materials to be removed as clay, sand, gravel, and boulders in unknown proportions, deposits consisting largely of limestone were encountered, the removal of which entailed an expense per cubic yard much exceeding the price fixed by the contract for the materials therein specified. The engineer officer in charge of the work arbitrarily classified these deposits with the materials described by the specifications, ignored the protest of the contractors and their request that a new price be fixed therefor, and required them to proceed under threats that otherwise they would be declared in default and the work taken from them and completed, and the cost recouped from the retained percentages of their pay already earned and through legal proceedings against themselves and their sureties. Held that clauses in the contract making decisions of the officer as to quantity and quality of work final, requiring the contractors to observe his instructions, and denying an claim for modification of the work not agreed to, or expressly required, in writing were inapplicable, and that the contractors were entitled to recover from the United States the cost of excavating the material not covered by the contract. P. 15.
2. Contractors with the United States held entitled to recover the amount of a loss due to delays of the engineer in charge in locating the places where they should work. P. 17.
54 Ct.Clms. 119 affirmed.
Appeal from a Judgment against the United States for loss suffered by contractors in performing work not covered by their contract, under the arbitrary exaction of the official in charge, and for loss due to his delay in locating the places where work was to be done. The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Smith, 256 U.S. 11 (1921) in 256 U.S. 11 256 U.S. 12–256 U.S. 14. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=I166D2N8DDVHY6B.
MLA: U.S. Supreme Court. "Syllabus." United States v. Smith, 256 U.S. 11 (1921), in 256 U.S. 11, pp. 256 U.S. 12–256 U.S. 14. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I166D2N8DDVHY6B.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Smith, 256 U.S. 11 (1921). cited in 1921, 256 U.S. 11, pp.256 U.S. 12–256 U.S. 14. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=I166D2N8DDVHY6B.
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