United States v. New York & Porto Rico Steamship Co.
239 U.S. 88 (1915)

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U.S. Supreme Court

United States v. New York & Porto Rico Steamship Co., 239 U.S. 88 (1915)

United States v. New York

& Porto Rico Steamship Company

No. 44

Argued November 3, 1915

Decided November 15, 1915

239 U.S. 88

Syllabus

Even if a statute declares a transaction void for want of certain enumerated form, the party for whose protection the requirement is made may waive it, void in such case meaning only voidable at that party's choice.

The object of Rev.Stats., § 3744, providing that certain officer of the government reduce all contracts to writing, is to furnish the needed protection for the United States, and not for the private individual who does not need such protection, and, notwithstanding informality of execution on the part of the government, if the other contracting parties did actually contract, he can be held to performance.

209 F. 1007 reversed.

The facts, which involve the construction of § 3744, Rev.Stats., and the liability of a contractor on a contract with the government for transportation of coal, are stated in the opinion.

Page 239 U. S. 90

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