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· 11/30/1908

Phoenix Bridge Co. v. United States

Citations

  • 211 U.S. 188
  • 29 S. Ct. 81
  • 53 L. Ed. 141
  • 1908 U.S. LEXIS 1537

Syllabus

<p>In a contract with the Government for the reconstruction of a draw-span bridge which provides for completion before opening of navigation, permission to use false work during construction does not permit such use after the opening of navigation; and where the completion is delayed through negligence of the contractor until after opening of navigation and he is obliged by reason of destruction of the false work to substitute a lift span, he cannot recover the extra cost occasioned thereby.</p> <p>Querré and not decided, whether a receipt for final payment on a Government contract, given without protest, amounts to an accord and satisfaction so as to be a bar to a claim for extra work in connection with the subject-matter of the contract but not specified therein.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • whether government deals with property in sovereign or proprietary capacity, it “nevertheless acts in its governmental capacity”

Source: CourtListener parenthetical corpus (CC0).

Judges: White

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