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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Results 1-5 of 100
Page 44
... cost the Government at the point of delivery to the con- tractor . The ... cost of unloading , hauling , storing , and caring for all of the materials ... unit prices are not pro- vided in the schedule , shall be included in the ...
... cost the Government at the point of delivery to the con- tractor . The ... cost of unloading , hauling , storing , and caring for all of the materials ... unit prices are not pro- vided in the schedule , shall be included in the ...
Page 51
... unit price to $ 18.50 ; and where , thereafter , after submission of its cost figures by plaintiff , a supplemental agreement was executed reducing the unit price to $ 16.67 , at which price plaintiff received payment for the 30,000 ...
... unit price to $ 18.50 ; and where , thereafter , after submission of its cost figures by plaintiff , a supplemental agreement was executed reducing the unit price to $ 16.67 , at which price plaintiff received payment for the 30,000 ...
Page 52
... unit price of $ 16.67 is not binding on plaintiff because it was entered into under economic duress . United States 72 Same ; legal meaning of economic duress . — Under the decisions , duress involves a step beyond mere illegality and ...
... unit price of $ 16.67 is not binding on plaintiff because it was entered into under economic duress . United States 72 Same ; legal meaning of economic duress . — Under the decisions , duress involves a step beyond mere illegality and ...
Page 53
... unit price of $ 19.25 for a total sum of $ 577,500 with monthly deliveries scheduled from February through December 1947 . In so far as applicable here , the contract provided in part as follows : 14. REVISION OF PRICE : [ Supplementary ...
... unit price of $ 19.25 for a total sum of $ 577,500 with monthly deliveries scheduled from February through December 1947 . In so far as applicable here , the contract provided in part as follows : 14. REVISION OF PRICE : [ Supplementary ...
Page 54
... unit cost and the proposed prices of the items remaining under this contract after the effective date of the price revision , itemized so far as is practicable in the manner prescribed by War Depart- ment Standard Procurement Form No. 3 ...
... unit cost and the proposed prices of the items remaining under this contract after the effective date of the price revision , itemized so far as is practicable in the manner prescribed by War Depart- ment Standard Procurement Form No. 3 ...
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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 manufacture ment Navy negotiations November November 18 October operations Opinion paid paragraph parties patent payment performance period petition Philippine 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...