A Digest of Opinions of the Judge Advocate General Certain Decisions of the Com
A Digest of Opinions of the Judge Advocate General Certain Decisions of the Com
United States Army Office of the Judge Advocate
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) CONTHACTS: Damages for failure to furnish hay according to contract. A contract was entered into for delivery of a certain quantity of number one Kansas upland prairie hay at Fort D. A. Russell, Wye, during the first quarter of the fiscal year 1911. The contract was approved June 9, 1910, but before that date two orders were given for hay apparently intended to come under the terms of the con- tract. The contractor did not deliver the hay as called for, and the Government purchased other hay ...of a different kind at Cheyenne, Wyo. The kind called for by the contract w^as not on sale at Chey- enne, but was sold at Denver. It does not appear that any attempt was made to purchase Kansas upland prairie hay of the quality called for by the contract, and it was not shown whether the kind purchased ait a higher price was of a like or of a superior grade to that called for in the contract. DIGEST OF OPINIONS OF THE JUDGE ADVOCATE GENEEAL. 337 Held, that Avhile it appeared that the contractor was in ckfanlt under his contract it was incumbent upon the Government to show the damages which it sustained.
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