Clark v. United States
Supreme Court of the United States
Clark v. United States, 7 Ct. Cl. 32 (1871)
Clark v. United States
Opinion of the Court
delivered the opinion of the court:
The plaintiff’s claim in this case is on a contract made with Major DuBarry, an assistant commissary of subsistence, act
The question of fraud or mistake was one of fact, and was negatived by the finding of the court, which is conclusive here. The question of law ought not to have been made either in that court or here. Let the judgment of the Court of Claims be
AFFIRMED.
Reference
- Full Case Name
- Jared H. Clark v. United States
- Status
- Published
- Syllabus
- On the claimants Appeal. Contractors execuie a formal contract in the belief that it is for the sale of 9,000 bushels of potatoes deliverable as required, when in fact it is for “such quantities (not exceeding 3,000 bushels per week) as may be required.” There has been previous correspondence between them and a commissary which misled them into this belief; but they have the contract in their possession two weeks before executing it. It follows the terms, of the Government’s advertisement instead of the terms of the contractors’ bid, and in this differs from the correspondence between the parties. The Court of Claims decides that fraud or mistake cannot be imputed where the formal contract remains two iveelcs in the parties’ possession before execution, merely because it does not follow the terms of his offer, and differs from correspondence previously passing between him and the other party. The question of fraud or mistake as to the execution of a formal written contract, differing in terms from the contractor’s proposals, and from correspondence previously passing between the parties, is a question of fact and not of law. Upon it the finding of the Court of Claims is conclusivo, and cannot bo reviewed in the Supreme Court.