United States v. Justice

APPEAL from the Court of Claims; the case, as found by it, being thus:

On the 12th of August, 1861, Philip S. Justice, by a letter to Lieutenant Treadwell, first lieutenant of ordnance, proposed to supply the Ordnance Department with 4000 rifled muskets, similar in style and finish to the sample deposited with the said lieutenant, at $20 each.

On the next day Lieutenant Treadwell, inclosing Justice's proposition, wrote to General Ripley, then chief of ordnance, at Washington, as follows:

'I inclose a proposition from Mr. Justice to furnish rifle muskets, calibre .69. I have examined a sample of the musket, and it is a good serviceable arm, .69 calibre, clasp bayonet, long-range sight, original percussion barrel, and well finished.'

On August 16th, 1861, General Ripley replied to Lieutenant Treadwell, saying:

'You are authorized to accept Mr. Justice's proposition.'

And on August 17th, 1861, Lieutenant Treadwell wrote to Justice as follows:

'I am authorized by the Ordnance Department to accept your proposal of August 12th, to furnish for the United States 4000 rifled muskets, calibre 69/100 of an inch, equal in all respects to the sample deposited with me, at $20.'

In execution of the contract, Justice delivered from time to time, 2174 rifled muskets, all of which were inspected by subordinate officers appointed by Lieutenant Treadwell, and received under his official certificate that they had been duly inspected and approved. 'These arms' thus furnished, 'were not,' as the Court of Claims found, 'in all respects, similar to the sample arm, but on an average not inferior to it; which was far from being a standard or first-class arm of the United States. It was not equal to the Springfield rifle. And the Justice arms were far from being a first-class arm.'