Kentucky Oxygen-Hydrogen Co. v. United States
This text of 75 Ct. Cl. 687 (Kentucky Oxygen-Hydrogen Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[691]*691MEMORANDTJM BY THE OOTJRT
The facts in this case have been stipulated. There is .but one question presented: Is the Govermnent liable to the [692]*692plaintiff for the contract price of 950,874 cubic feet of helium gas delivered and accepted under the contract after the delivery date therein?
There can be but one answer to the question: Yes.
“An acceptance by the buyer of delivery, tendered after the time stipulated for in the executory contract, is a waiver of any objection as to the time of delivery in so far as his liability for the price is concerned.” 23 Ruling Case Law, 1444.
See also Phillips & Colby Construction Co. v. Seymour, 91 U. S. 646; District of Columbia v. Camden Iron Works, 181 U. S. 453; Maryland Steel Co. v. United States, 235 U. S. 451.
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Cite This Page — Counsel Stack
75 Ct. Cl. 687, 1932 U.S. Ct. Cl. LEXIS 339, 1932 WL 2089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-oxygen-hydrogen-co-v-united-states-cc-1932.