Lipscomb v. District of Columbia

Court of Claims

Lipscomb v. District of Columbia

20 Ct. Cl. 135, 1885 U.S. Ct. Cl. LEXIS 57, 1800 WL 1315

CourtUnited States Court of Claims

DecidedFebruary 9, 1885

DocketNo. 180

StatusPublished

This text of 20 Ct. Cl. 135 (Lipscomb v. District of Columbia) 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.

Bluebook

Lipscomb v. District of Columbia, 20 Ct. Cl. 135, 1885 U.S. Ct. Cl. LEXIS 57, 1800 WL 1315 (cc 1885).

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Opinion

Weldon, J.,

delivered the opinion of tbe court:

On the trial of this case all claims were abandoned by the petitioner except $4,860.75 erroneously charged to decedent in voucher dated September 27,1873, set forth in finding iii, and the retain alleged in the petition. It is insisted that 12,414 yards of blue rock, at 75 cents per yard, in finding iv, should have been charged as 5,933 loads of rock, at 75 cents per load. The court having found that no mistake in fact was made in the charge, that the decedent, by his attorney, agreed to such charge, and accepted payment, without objection or protest, upon the basis of 75 cents per yard, his administrator is bound thereby.

This brings us to the counter-claim ; and as the court has found that the decedent was not indebted to the defendant for materials furnished, the counter-claim must be disallowed.

Upon this state of facts the claimant is entitled to recover the sum of $149.47, due and payable as set forth in the conclusion of law, and for that amount judgment will be entered.

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Weldon, J.,

delivered the opinion of tbe court:

On the trial of this case all claims were abandoned by the petitioner except $4,860.75 erroneously charged to decedent in voucher dated September 27,1873, set forth in finding iii, and the retain alleged in the petition. It is insisted that 12,414 yards of blue rock, at 75 cents per yard, in finding iv, should have been charged as 5,933 loads of rock, at 75 cents per load. The court having found that no mistake in fact was made in the charge, that the decedent, by his attorney, agreed to such charge, and accepted payment, without objection or protest, upon the basis of 75 cents per yard, his administrator is bound thereby.

This brings us to the counter-claim ; and as the court has found that the decedent was not indebted to the defendant for materials furnished, the counter-claim must be disallowed.

Upon this state of facts the claimant is entitled to recover the sum of $149.47, due and payable as set forth in the conclusion of law, and for that amount judgment will be entered.

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Bluebook (online)

20 Ct. Cl. 135, 1885 U.S. Ct. Cl. LEXIS 57, 1800 WL 1315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipscomb-v-district-of-columbia-cc-1885.