Harvey v. United States,
105 U.S. 671 (1881)

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U.S. Supreme Court

Harvey v. United States, 105 U.S. 671 (1881)

Harvey v. United States

105 U.S. 671


1. The rules touching the effect of the findings of fact by the Court of Claims do not apply to the hearing of an appeal from its adjudication on a claim whereof it took cognizance under a special act of Congress which required

it to exercise equity Jurisdiction. This Court, on such an appeal, must determine the facts as well as the law applicable thereto.

2. The advertisement by the officer in command of the arsenal of the United States at Rock Island, Illinois, inviting proposals, and the written bid in connection therewith which he accepted, constitute the terms agreed on by the United States and the successful bidder for building the masonry of the piers and abutments of the bridge at Rock Island. It appearing that the formal contract subsequently drawn up was intended to embody only those terms, but that by accident or mistake it varied essentially therefrom, held: 1. that it was competent for the Court of Claims, proceeding as a court of equity jurisdiction under the authority of the act of Aug. 14, 1870, c. 273 (infra, p. 105 U. S. 680), to reform the contract and then determine and adjust the accounts of the parties thereunder arising; 2. that the accepted bid did not embrace the coffer dam work.

The facts are stated in the opinion of the Court.

Page 105 U. S. 672

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