United States v. Corwin
129 U.S. 381 (1889)

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U.S. Supreme Court

United States v. Corwin, 129 U.S. 381 (1889)

United States v. Corwin

No. 123

Argued December 12, 1888

Decided February 4, 1889

129 U.S. 381

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

In an action against the sureties on a contractor's bond to the United States to recover damages suffered by reason of the nonfulfillment of the contract, the burden of proof is on the United States to show a demand upon the contractor for performance and his failure and refusal to perform, and a statement of such nonperformance, demand, failure and refusal, made by an officer of the government in the line of his official duty in reporting them to his official superior, is not legal evidence of any of those facts.

At law, on a contract. Judgment for defendants. Plaintiffs sued out this writ of error. The case is stated in the opinion.

Page 129 U. S. 382

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