Cases Decided in the United States Court of Claims ... with Report of Decisions of the Supreme Court in Court of Claims Cases, Volume 126The Court, 1954 - Law reports, digests, etc |
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Page 61
... damages . ( e ) Case Not Fully Adjudicated on Motion : If on motion un- der this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary , the Court at the hearing of the motion , by ...
... damages . ( e ) Case Not Fully Adjudicated on Motion : If on motion un- der this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary , the Court at the hearing of the motion , by ...
Page 41
... Damages . - If the contractor re- fused or fails to prosecute the work , or any separable part thereof , with such ... damages for the delay and in lieu thereof the contractor shall pay to the Government as fixed , agreed , and ...
... Damages . - If the contractor re- fused or fails to prosecute the work , or any separable part thereof , with such ... damages for the delay and in lieu thereof the contractor shall pay to the Government as fixed , agreed , and ...
Page 42
... damages because of any delays in the completion of the work due to unfore- seeable causes beyond the control and ... damage by climatic conditions . 13. Protests . If the contractor considers any work demanded of him to be outside the ...
... damages because of any delays in the completion of the work due to unfore- seeable causes beyond the control and ... damage by climatic conditions . 13. Protests . If the contractor considers any work demanded of him to be outside the ...
Page 44
... damage to materials when delivered . The contractor shall be responsible for the prompt unloading of materials delivered on ... damages , this issue being left for determination in the event the issue of liability is decided in favor of ...
... damage to materials when delivered . The contractor shall be responsible for the prompt unloading of materials delivered on ... damages , this issue being left for determination in the event the issue of liability is decided in favor of ...
Page 76
... damages by reason of delay of Government in furnishing materials as agreed . - In a suit for damages for breach of plaintiff's contract with the Government for certain construction at an Army base in Puerto Rico where it is alleged that ...
... damages by reason of delay of Government in furnishing materials as agreed . - In a suit for damages for breach of plaintiff's contract with the Government for certain construction at an Army base in Puerto Rico where it is alleged that ...
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Common terms and phrases
action additional agreed agreement alleged amended amount appeal April arsenic Article asserted attorney August base course Borg-Warner calendar days canteens Chippewa claim Commissioner Company completed concrete construction contract price contracting officer contractor Corporation cost Court December December 14 decision defendant delay delivered delivery Department Depot determined dismissed entitled to recover equipment evidence excess profits tax February February 28 filed Findings of Fact follows furnish Government contract Howard Aircraft Corporation Indians Internal Revenue issued January January 19 Judge July June Khoongs letter Leyte liquidated damages loss Lucas Act manufacture ment Navy negotiations November November 18 October operations Opinion paid paragraph parties patent payment performance period petition piers plaintiff pleading prior pursuant radar Ranslow relief request Rule September September 15 settlement ships specifications Stat subgrade submitted summary judgment termination thereof tiff tion tract Treaty unit price vessel Warren E Wemp
Popular passages
Page 869 - (2) General Rule. — If. during the taxable year, the recognized gains upon sales or exchanges of property used In the trade or business, plus the recognized gains from the compulsory or involuntary conversion (as a result of destruction In whole or In part, theft or seizure, or an exercise of the power of requisition or condemnation or the threat or imminence thereof) of property used In the trade or business...
Page 16 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Page 13 - Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion...
Page 48 - A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may...
Page 605 - No Indian nation or tribe, within the territory of the United States, shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty...
Page 33 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Page 16 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.
Page 2 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Page 15 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction...
Page 33 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...