Cases Decided in the Court of Claims of the United States Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...make one Of these covenants sued upon dependent on the other; and the failure to transport any one invoice of the supplies does not go to the whole consideration, or defeat the right to payment fol other supplies actually transported. For the contract is express thilt the transportation actually done shall be paid for at so opinion of the court. much per mile per 100 pounds, for the transportat invoices of supplies to different places and for tances; so that the price for transportation of ea be measured by the distance traveled with it, and on its delivery at its destination, and is not OOI1( fact that the contractor shall transport every in to him to its destination before any payment is contract. _ The. contract provides that certificates descr be given to the contractor by officers of the Department at specified places; and then it s Upon each certificate so given, setting forth t tion of the train, payment shall be made to the the service rendered to that point. Therefore, w was rendered and certified to that point, the pri ice was earned, and, by the express provision c due and payable absolutely, and;the defendant ject to the suit for that; before or after t rendered and its payment earned, the contractc transport some other supplies on some other pt In other words, the contract contemplated an partial. payments, for and according to partiz therefore it did not condition the payment of sideration as one entire sum, on the performan work, as one entire thing; and if this is so, the in this contract sued upon before and now are dependent; and it has been seen that the two upon them are for different causes of action, at the independent covenants are (in the words 0 (2 Parsons on Contracts, p. 40) separate contrae...