Murphy v. United States (104 U.S. 464)

APPEAL from the Court of Claims.

Murphy entered into a written contract with the United States for excavating a portion of the pit for a dry dock, and was paid at the contract price for all the work which he performed.

He subsequently presented to the Navy Department a claim for damages suffered by reason of certain alleged violations of the contract, and for extra work. The department adopted a basis of adjustment, to which he agreed; and there was paid to him a certain sum, which, upon full information as to the principles upon which it was awarded, he accepted, and gave a receipt in full.

He some time thereafter brought suit in the court below for the same claim, adding, however, a further item, of which there was no proof.

The court dismissed the petition, and he appealed.

Mr. James W. Denver and Mr. Luther H. Pike for the appellant.

The Solicitor-General and Mr. John S. Blair for the United States.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.