Harvey v. United States United States v. Harvey

• Decision Date: 02 February 1885
• Citation: 5 S.Ct. 465,28 L.Ed. 987,113 U.S. 243
• Parties: HARVEY and another v. UNITED STATES. UNITED STATES v. HARVEY and another
• Court: U.S. Supreme Court

113 U.S. 243

5 S.Ct. 465

28 L.Ed. 987

HARVEY and another v. UNITED STATES.

UNITED STATES

v. HARVEY and another.

February 2, 1885.

Enoch Totten, for Harvey.

Asst. Atty. Gen. Maury, for United States.

BLATCHFORD, J.

This case was before this court at October term, 1881, and is reported as Harvey v. United States, 105 U. S. 671. The history of it is there fully given, and, in connection with the reports of it in 8 Ct. Cl. 501, 12 Ct. Cl. 141, and 13 Ct. Cl. 322, what occurred in it prior to the decision of this court can be fully understood. The court of claims had dismissed the petition of the claimants, filed August 30, 1876, under the special act of congress passed August 14, 1876, c. 279, (19 St. 490.) This dismissal involved the rejection of two items sued for in such petition: (1) Labor done and materials furnished by the claimants in constructing the coffer-dams, and in performing the work necessarily connected therewith, and preliminary to the masonry work for the piers and abutments, $75,000; (2) loss and damages, resulting to the claimants in consequence of the reduction of the dimensions of the piers and abutments, made subsequently to the making of the contract, $33,600. The decision of the court of claims in regard to item (1) was that the claimants had not shown that the written contract did not express the intent of both parties as to the coffer-dams, and that, even if that court were satisfied that the claimants executed the contract in mistake of their rights, there was no evidence that the defendants shared the mistake. Its decision in regard to item (2) was that it would be disposed to regard the case, on the facts, as one for equitable interposition, for the purpose of further inquiry and the ascertainment of the rights of the parties in equity, if it had jurisdiction, but that the statute did not authorize it to entertain those considerations, because, in the proceedings before it, it could hear and determine only claims for labor done and materials furnished by the claimants under their contract with the defendants.

This court held that the ruling of the court of claims in regard to item (1)—the coffer-dams—was erroneous, and that, by the actual contract between the parties, the claimants were not to do any of the work covered by the claim made by them under item (1,) and that the written contract must be reformed accordingly. As to item (2,) this court held, that the court of claims had placed too limited a construction upon the special act of congress, and that its power, under that act, extended to reforming the contract in respect to permitting the officers of the United States to materially vary the plans for the piers, so as to essentially change the obligations of the parties. The decree of the court of claims was reversed, and the cause was remanded, with directions to proceed in it according to law and in conformity with the opinion of this court.

The court of claims (18 Ct. Cl. 470) proceeded to determine what the claimants did in constructing coffer-dams; and in pum ing the water from the space inclosed in them, and in excavations for the preparation of the beds for the masonry. It held that, as the claimants had been notified, at the outset, that the defendants expected them to do such work, and had, on their part, notified the defendants that they would do it and would hold the defendants liable for the cost and expense, it was their duty to keep and produce accurate accounts thereof, and they could not prove such cost and expense by the evidence of experts as to the value. But the court gave to them the benefit of the testimony of experts introduced by the defendants, and, on that testimony, awarded to the claimants $16,250.95 for the labor done and materials furnished by them in constructing coffer-dams, and in performing the work necessarily connected therewith, and preliminary to the mason work for the piers and abutments referred to in the contract, the same being on account of item (1) above referred to. A judgment having been entered against the United States for that sum, both parties have appealed to this court, the claimants contending that $75,000 should have been allowed for item (1,) and the defendants that nothing should have been allowed.

In regard to the view adopted by the court of claims, that the claimants have no right to rely on the testimony of experts introduced by them, but should have kept and produced accounts of the cost and expense of the work, we are of opinion that the claimants cannot be deprived of reasonable compensation for the work they did because the evidence they produce as to the proper amount of such compensation is not of the character referred to, when it does not appear that such evidence ever existed. If they produce the best evidence which is accessible to them, and it enables the court to arrive at a proper conclusion, that is sufficient. We think such evidence is found in the estimate made by Mr. Abbott. Taking as correct the statement made by the court of claims as to the work done by the claimants and the defendants, respectively, in constructing coffer-dams, in pumping, in excavating, and in preparing the beds for the masonry, we arrive at these results, as to the work done by the claimants: They made the coffer-dam at Davenport abutment; that at pier 1; part of that at pier 2, (it being completed by the defendants;) all but the inside dam of that at pier 4; one-third of that at the...