Cases Decided in the Court of Claims of the United States, Volume 103U.S. Government Printing Office, 1946 - Law reports, digests, etc |
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Page 8
... defendant failed to fulfill its obligations under the agreement of 1794 referred to in the act of 1799 for the last half of the year 1794 and for the years 1795 , 1796 , and 1797. For these three and one - half years the annuities , at ...
... defendant failed to fulfill its obligations under the agreement of 1794 referred to in the act of 1799 for the last half of the year 1794 and for the years 1795 , 1796 , and 1797. For these three and one - half years the annuities , at ...
Page 35
... defendant to prove affirmatively that the goods were re- ceived ( the proof at this late date would have to be docu- mentary ) would place an impossible burden where it does not rightfully belong . The burden is upon the plaintiff to ...
... defendant to prove affirmatively that the goods were re- ceived ( the proof at this late date would have to be docu- mentary ) would place an impossible burden where it does not rightfully belong . The burden is upon the plaintiff to ...
Page 43
... defendant concedes that ; but to recover the fees now would constitute a gratuity under the Act of August 12 , 1935 , 49 Stat . 571 , 596. Transmittal of the funds to the U. S. Treasury was an incident of their collection , which was ...
... defendant concedes that ; but to recover the fees now would constitute a gratuity under the Act of August 12 , 1935 , 49 Stat . 571 , 596. Transmittal of the funds to the U. S. Treasury was an incident of their collection , which was ...
Page 46
... defendant's counterclaim allowed . - On the defendant's counter- claim it is held that under section 3 of the jurisdictional act ( 43 Stat . 537 ) , as amended , the defendant is entitled to an offset of $ 57,500.00 representing the ...
... defendant's counterclaim allowed . - On the defendant's counter- claim it is held that under section 3 of the jurisdictional act ( 43 Stat . 537 ) , as amended , the defendant is entitled to an offset of $ 57,500.00 representing the ...
Page 54
... defendant for plaintiff's benefit , as listed in the findings herein , is $ 69,920.39 . Upon the foregoing findings of fact and the findings of fact by the court of May 5 , 1941 ( 94 C. Cls . 215 , 238 ) , which were made a part of the ...
... defendant for plaintiff's benefit , as listed in the findings herein , is $ 69,920.39 . Upon the foregoing findings of fact and the findings of fact by the court of May 5 , 1941 ( 94 C. Cls . 215 , 238 ) , which were made a part of the ...
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acres Act of June agreement amount approved August August 11 back counters building caisson cents change order Chickasaw Nation Chief of Engineers Choctaw cofferdam Commissioner Company completed concrete Congress construction contracting officer contractor corporation Creek cubic yards December decision defendant defendant's delay drawings dredging employees Engineer entitled to recover excavation filed findings of fact Five Civilized Tribes flour follows funds gift gift tax Government Honduras included income Industrial Recovery Act Judge July June 16 labor lands letter liquidated damages mails March material Medric ment National Industrial Recovery Navy November November 9 October Opinion original Indian title overdepth paid paragraph payment period petition plaintiff proof purchase referred refund Reporter's Statement reservation River rock Secretary Section September shown specifications Stat thereof Tillamooks Tillamooks tribe tion Too-too-to-ney tract tribes and bands trust unratified treaty vessel wages
Popular passages
Page 5 - But no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs and the Secretary of the Interior...
Page 65 - ... due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors or suppliers due to such causes...
Page 433 - Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern.
Page 681 - Officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
Page 575 - Section 2512 provides that if a gift is made in property, its value at the date of the gift shall be considered the amount of the gift.
Page 289 - In addition to other taxes, there is hereby Imposed on every employer an excise tax, with respect to having individuals in his employ...
Page 492 - Nebraska, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make, if this act had never passed.
Page 254 - Except as otherwise specifically provided in this contract, all disputes concerning questions of fact arising under this contract shall be decided by the contracting officer subject to written appeal by the contractor within 30 days to the head of the department concerned or his duly authorized representative, whose decision shall be final and conclusive upon the parties thereto. In the meantime the contractor shall diligently proceed with the work as directed.
Page 579 - ... unless before the expiration of such period a claim therefor is filed by the taxpayer.
Page 108 - CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following...