United States v. Moorman et al., Doing Business As J. W. Moorman & Son (338 U.S. 457)
U.S. Supreme Court · decided January 9, 1950 · Supreme Court Database (Spaeth)
- Citation
- 338 U.S. 457 · 70 S. Ct. 288
- Decided
- January 9, 1950
- Term
- October Term 1949
- Vote
- 8–0
- Majority author
- Justice Black
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The questions presented relate to the interpretation and validity of terms in a government construction contract providing that in contractual disputes the decisions of the Secretary of War or his authorized representative shall be final and binding. The respondent partnership entered into a standard form contract with the United States to grade the site of a proposed aircraft assembly plant. Article 1 of the contract provided for payment of 24 cents per cubic yard of grading, satisfactorily completed “in strict accordance with the specifications, schedules, and drawings, all of which are made a part hereof . . . .” A proposed taxiway was shown on the drawings but was not located within the plant site as described in the specifications. The present controversy concerns the question of whether the contract required respondent to grade this taxiway. On demand of the Government, respondent graded for the taxiway at the point shown on the drawings. It then filed a claim with the contracting officer asking extra compensation, 84 cents per cubic yard instead of the 24 cents specified in the contract. Upon investigation the contracting officer made findings of fact which led him to reject respondent’s claim. Appeal was taken to the Secretary of War, whose authorized representative also considered the facts and denied the claim.…
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