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Ball Engineering Co. v. J. G. White & Co., 250 U.S. 46 (1919)
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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.
Ball Engineering Co. v. J. G. White & Co., 250 U.S. 46 (1919)
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Ball Engineering Company v. J. G. White & Company No. 227 Argued March 13, 1919 Decided May 19, 1919 250 U.S. 46
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
A provision in a construction contract that, in case of annulment,
the United States all have the right to take possession of, wherever they may be, and to retain all materials, tools, buildings, tramways, cars, etc., or any part or parts of same prepared for use or in use in the prosecution of the work, . . . under purchase at a valuation to be determined by the Engineer Officer in charge
held not applicable, in invitum, to property belonging to, and which had been used in the construction by, a third party. P. 54.
Upon annulment of a construction contract, the government retained certain property on the site which belonged to a third party who had been doing the work, and, with knowledge of his claim and without his consent, valued it, credited the defaulting contractor accordingly, and leased or disposed of it to a new contractor at the latter’s request for the completion of the work upon the understanding that the United States did not undertake to transfer title, nor guarantee peaceable possession, etc., and would not be responsible for the expense or cost of any action against the new contractor, nor subject itself to any claim on account of the seizure. Held that no contractual liability could be implied against the United States, and that the new contractor, having so taken and used the property, was liable to its owner for the conversion. Id.United States v. Buffalo Pitts Co., 234 U.S. 228, distinguished.
241 F. 989 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ball Engineering Co. v. J. G. White & Co., 250 U.S. 46 (1919) in 250 U.S. 46 250 U.S. 47–250 U.S. 50. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=SYCVXHTMWMP9YGE.
MLA: U.S. Supreme Court. "Syllabus." Ball Engineering Co. v. J. G. White & Co., 250 U.S. 46 (1919), in 250 U.S. 46, pp. 250 U.S. 47–250 U.S. 50. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SYCVXHTMWMP9YGE.
Harvard: U.S. Supreme Court, 'Syllabus' in Ball Engineering Co. v. J. G. White & Co., 250 U.S. 46 (1919). cited in 1919, 250 U.S. 46, pp.250 U.S. 47–250 U.S. 50. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=SYCVXHTMWMP9YGE.
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