Garrison v. United States

APPEAL from the Court of Claims; the facts as found by that court being thus:

The Secretary of War, by an order, approved by the President, of the date of September 1st, 1861, authorized General Butler to 'raise, organize, arm, uniform, and equip,' in the New England States, a force not exceeding six regiments, and his requisitions on the quartermaster's, ordnance, and other staff departments of the army, were to be obeyed, provided 'the cost of such recruitment, armament, and equipment, did not exceed, in the aggregate, that of like troops now or hereafter raised for the service of the United States.' Under this order, one C. K. Garrison entered, October 7th, 1861, into a written contract with General Butler, by which he, Garrison, agreed to deliver to the United States six thousand 'Minie rifles of the Liege pattern, with sabre bayonets, and all appendages complete;' and the United States contracted and agreed 'to pay for each of said rifles, as shall pass inspection, the sum of twenty-seven dollars, or such less sum as the Ordnance Department may have paid for guns like in quality or description, or contracted to pay for to said Garrison.'

At the date of this agreement, Garrison had a contract then existing with the Ordnance Department, dated July 1st, 1861, for ten thousand Liege guns, at $27 per gun, which had not then been performed. But he had not made any contract as yet for any other kind of gun.

Before the time had elapsed for the delivery of the guns, to be delivered under his contract with General Butler, Major Strong, chief of ordnance of the New England Department, suggested that the Enfield rifle should be substituted for the Liege Pattern; and this being agreed to, a memorandum, as follows, was indorsed on the original contract:

'It is agreed by the United States to accept from C. K. Garrison, the contractor, the long Enfield rifles, with bayonets of the triangular pattern, in place of the sabre bayonets, upon the value conditions as are herein specified.

'B. F. BUTLER,

'Maj. Gen'l Comd'g.'

Under the contract as thus altered, six thousand muskets, which it was admitted conformed with the requirements of the engagement, were seasonably delivered, and two vouchers were given, with the approval of General Butler, to Garrison, by Major Strong, at $27 per gun, the first dated November 20th, 1861, for 2800 guns, and the second the 11th of December following. The first one was paid in full. But on the voucher for the remaining 3200 guns, in consequence of orders received from the Secretary of War, no more than $20 a gun was paid; Major Strong, however, certifying upon it, that the voucher, as made out (that is to say, with the sum of $27 a gun charged), was 'correct and just,' 'the contract price being $27 each gun.'

At the date of the contract, the price of the sort of guns specified in the memorandum made by General Bulter, and which Garrison furnished, was from $20 to $23 a gun. It did not appear, however, that the Liege gun had been purchased for less than $27.

Upon the foregoing case the Court of Claims held:

First. That by the true construction of the contract and supplement, the United States were to pay to Garrison the same price the Ordnance Department had previously agreed to pay him for guns of like qualify and description.

Second. That not having any such agreement with the Ordnance Department for guns of the quality or kind delivered, he was entitled to such price for them as the Ordnance Department were paying for similar guns at or about the date of the contract or delivery of the guns.

From this decree Garrison appealed to this court. The case was submitted on briefs. Mr. T. J. D. Fuller, for the appellant, insisting that the only effect of this supplementary indorsement of General Butler was to substitute the Enfield for the Liege gun, at the same price that was agreed to be paid for the latter; Mr. Hoar, Attorney-General, for the government, maintaining, contra, that its effect was to accept the Enfield rifle at any sum less than $27, for which the United States had purchased Enfield rifles, prior to the date of the contract, from any other person; General Butler's authority from the Secretary of War to contract having been limited to the prices which the government had paid for arms similar to those which he bought.

Mr. Justice MILLER delivered the opinion of the court.