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Klebe v. United States, 263 U.S. 188 (1923)
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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.
Klebe v. United States, 263 U.S. 188 (1923)
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Klebe v. United States No. 78 Argued October 16, 17, 1923 Decided November 12, 1923 263 U.S. 188
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. A contract implied in fact is one inferred from circumstances or acts of the parties; an express contract speaks for itself, and excludes implications. P. 191.
2. Where the government, relying on a purchase-privilege clause of a construction contract, appropriated a steam shovel, used in the work, which the contractor had leased from another, held that the shovel owner’s cause of action against the United States was either in tort, which could not be maintained under the Tucker Act, or upon the express contract, for payment as therein provided, but that a contract to pay the value of the hovel could not be implied. Id.
57 Ct.Clms. 160 affirmed.
Appeal from a judgment of the Court of Claims awarding the appellants damages under an express contract but refusing to recognize their larger claim of implied contract.
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Chicago: U.S. Supreme Court, "Syllabus," Klebe v. United States, 263 U.S. 188 (1923) in 263 U.S. 188 263 U.S. 189. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZDFH8MUJLN2EJMU.
MLA: U.S. Supreme Court. "Syllabus." Klebe v. United States, 263 U.S. 188 (1923), in 263 U.S. 188, page 263 U.S. 189. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZDFH8MUJLN2EJMU.
Harvard: U.S. Supreme Court, 'Syllabus' in Klebe v. United States, 263 U.S. 188 (1923). cited in 1923, 263 U.S. 188, pp.263 U.S. 189. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZDFH8MUJLN2EJMU.
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