United States v. New York & P. R. S. S. Co.

Citations

• 197 F. 995
• 1912 U.S. Dist. LEXIS 1517

Syllabus

<p>1. United States (§ 60*) — Contracts—Validity—Breach by Contractor.</p> <p>Rev. St. § 3744 (U. S. Comp. St. 1901, p. 2511), requiring the Secretary of War, Secretary of the Navy, and Secretary of the Interior to cause all contracts made by them on behalf of the government, or by officers under them appointed to make such contracts, to be reduced to writing and signed by the parties and a copy of every such contract to be filed in the returns office of the Department of the Interior, is not a statute of frauds, but an enactment for the protection of the government, and cannot be invoked by one whose bid for a contract has been accepted hut who refuses to sign the formal contract when tendered to relieve him from liability for damages sustained by the government by reason of such refusal to perforin the contract made by his bid and its acceptance.</p> <p>[Ed. Note. — For other cases, see United States, Cent. Dig. ,§ 49; Dec. Dig. § 66.*]</p> <p>2. United States (§ 142*) — Breach of Contract — Damage.</p> <p>Where defendant was unable to fulfill its contract with the Navy Department to transport two cargoes of coal of 4,000 tons each from Atlantic ports to San Francisco, and the department at its request diverted two other cargoes which had been sent to Honolulu to take their place at a cost per ton in excess of the contract price, defendant is liable in damages for all the extra cost to the government of such diversion, although the two cargoes somewhat exceeded 8,000 tons.</p> <p>[Ed. Note. — For other cases, see' United States, Cent. Dig. § 140; Dee. Dig. § 142.*]</p> <p>3. United States (§ 141*) — Action for Breach of Contract — Evidence.</p> <p>Where defendant, being unable to fulfill a contract with the Navy Department to transport two cargoes of coal, requested the department to procure transportation of the coal by diverting other tonnage under charter to other ports, which was done, in an action by the United States to recover damages for breach of the cont