District of Columbia v. Camdem Iron Works
Decision Date | 13 May 1901 |
Docket Number | No. 172,172 |
Citation | 21 S.Ct. 680,181 U.S. 453,45 L.Ed. 948 |
Parties | DISTRICT OF COLUMBIA, Plff. in Err. , v. CAMDEM IRON WORKS |
Court | U.S. Supreme Court |
This was an action of covenant brought in the supreme court of the District of Columbia by the Camden Iron Works, a corporation created under the laws of the state of New Jersey, against the District of Columbia, to recover the price of certain iron pipe manufactured for and delivered to defendant by plaintiff in pursuance of a contract under seal. Several pleas were interposed, and among them the plea of non est factum, and the plea of the statute of limitations of three years. To the latter plea a demurrer was sustained, and issue was joined on the others. The case went to trial and resulted in a verdict in favor of the plaintiff below for $11,044.16, with interest from February 27, 1888. A motion for new trial having been overruled, judgment was entered on the verdict, whereupon defendant carried the case to the court of appeals of the District, where the judgment below was affirmed. 15 App. D. C. 198. This writ of error was then sued out.
The contract bore date June 29, 1887, and, by its terms, purported to be made by the District of Columbia of the first part, and the Camden Iron Works, by Walter Wood, president, of the second part. It concluded as follows:
In witness whereof, the undersigned, William B. Webb, Samuel E. Wheatley, and William Ludlow, Commissioners of the District of Columbia, appointed under the act of Congress entitled 'An Act Providing a Permanent Form of Government for the District of Columbia,' approved June 11, 1878, and the party of the second part to these presents have hereunto set their hands and seals the day and year first above written.
(Signed) William B. Webb, [L. S.]
(Signed) S. E. Wheatley, [L. S.]
(Signed) William Ludlow, [L. S.]
Commissioners of the District of Columbia.
(Corporate seal Camden Iron Works.)
(Signed) Walter Wood,
Pres't Camden Iron Works.
The contract was proved and offered in evidence, but its admission was objected to by defendant on the ground that it was not under the corporate seal of the District of Columbia. The objection was overruled, and defendant excepted. The evidence showed that no action was taken by the temporary board of commissioners appointed under the act of Congress approved June 20, 1874, looking to the adoption of a corporate seal for the District, and none by the permanent board appointed under the act of Congress of June 11, 1878, until September 23, 1887, when the board passed an order that the seal of the District of Columbia, as adopted by an act of the legislative assembly of August 3, 1871, be placed in the official charge and custody of the secretary of the board; and it further appeared that this seal was not generally used until after the contract had been entered into, but was affixed to deeds conveying real estate, to bonds and securities, and, in some cases, to tax deeds. Plaintiff further proved that the contract was not in fact executed and delivered by the commissioners before August 4, 1887. The evidence to this effect was objected to by defendant, the objection overruled, and exception taken.
The opinion of the court of appeals further states the facts as follows:
'The contract provided for the manufacture of certain designated sizes of iron pipe by the plaintiff, and its complete delivery to the defendant, 'within 136 days after the date of the execution of the contract; one half of each size to be delivered on or before September 25, 1887, and the remainder on or before November 10, 1887.' For failure to deliver the pipes within the time thus fixed, the contract provided that there should 'be deducted from the contract price, as in said contract specified, 1 per cent of the contract price for all delinquent articles for each and every week day that they remained delinquent.' There was a further provision that for failure to complete the work at the time specified, there should be deducted from the money to become due under the contract 'the sum of $10 per diem for the same period estimated as liquidated and fixed damages to the District.'
'In the contract there was a provision made for inspecting the iron pipes and 'to determine whether there was any reason for rejection, prior to delivery.' Payments were to be made after August 1, 1887, for all pipe 'received and accepted in proper order and condition, less 20 per cent of the amount found due, to be reserved until the satisfactory completion of the contract.'
Certain instructions to the jury were requested and given by the court on plaintiff's behalf. Instructions were also asked on behalf of defendant, and refused. To the rulings of the court in granting the instructions given for plaintiff, and in refusing the instructions asked for defendant, defendant duly excepted. The court also charged the jury generally, to which charge or any part thereof no exdeptions were taken.
The errors assigned were to the effect that an action of covenant would not lie on the contract because it was not under the seal of the District of Columbia; that it was not competent for plaintiff below to show by parol evidence that the contract was finally executed and delivered by defendant at a date subsequent to that mentioned in the contract itself, from which latter date the time allowed for the manufacture and delivery of the pipe should be computed; that the manufacture and delivery of the pipe within the time mentioned constituted a condition precedent, and that no recovery could be had on the contract for any pipe delivered to and accepted by defendant after the time specified for delivery; that if plaintiff was entitled to recover for pipe delivered after the times mentioned, defendant was entitled to offset the penalties against the contract price as liquidated damages; and that no interest ought to have been allowed in the recovery.
Messrs. Andrew B. Duvall and Clarence A. Brandenburg for plaintiff in error.
Mr. Samuel Maddox for defendant in error.
The 1st section of the act 'to provide a government for the District of Columbia,' approved February 21, 1871 (16 Stat. at L 419, chap. 62), provided: 'That all that part of the territory of the United States included within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this act.'
A governor and legislature were created; also a board of public works, to which was given the control and repair of the streets, avenues, alleys, and sewers of the city of Washington, and all other works which might be intrusted to their charge by either the legislative assembly or Congress. They were empowered to disburse the moneys received for the improvement of streets, avenues, alleys, sewers, roads, and bridges, and to assess upon adjoining property specially benefited thereby a reasonable proportion of the cost, not exceeding one third.
June 20, 1874, an act was passed entitled 'An Act for the Government of the District of Columbia, and for Other Purposes.' 18 Stat. at L. 116, chap. 337. By this act the government established by the act of 1871 was abolished and the President by and with the advice and consent of the Senate was authorized to appoint a commission, consisting of three persons, to exercise the power and authority vested...
To continue reading
Request your trial-
Canaras v. Lift Truck Services, Inc.
...See also Artukovich v. Pacific States Cast Iron Pipe Co., 78 Cal.App.2d 1, 176 P.2d 962 (1947); District of Columbia v. Camden Iron Works, 181 U.S. 453, 21 S.Ct. 680, 45 L.Ed. 948 (1901). This principle of law concerning parol evidence, as set forth in Eastover Stores, Inc. v. Minnix, supra......
-
Fram Corp. v. Davis
...date stated on the contract face. 2 Indeed, the Supreme Court reached an identical conclusion in District of Columbia v. Camden Iron Works, 181 U.S. 453, 21 S.Ct. 680, 45 L.Ed. 948 (1901). There the Supreme Court was faced with the task of interpreting a construction contract which stated t......
-
Providence Engineering Corporation v. Downey Shipbuilding Corporation
... ... filed in the District Court of the United States, for the ... Eastern District ... of the District of Columbia one or more corporations for ... the purchase, ... In the ... Astoria Marine Iron Works Case, which was disposed of in the ... same opinion, ... ...
-
United States Shipping Board Merchant Fleet Corporation v. Harwood
...Co., 1 Cranch, 345, 2 L. Ed. 130; Sheets v. Selden's Lessee, 2 Wall. 177, 17 L. Ed. 822. See District of Columbia v. Camden Iron Works, 181 U. S. 453, 459, 21 S. Ct. 680, 45 L. Ed. 948. But we need not decide the point or attempt to draw the line where that presumption may be overcome by la......