Samuel Plumley v. United States No 35 United States v. Samuel Plumley No 36
| Decision Date | 06 January 1913 |
| Docket Number | Nos. 35 and 36,s. 35 and 36 |
| Citation | 57 L.Ed. 342,226 U.S. 545,33 S.Ct. 139 |
| Parties | SAMUEL M. PLUMLEY, Appt., v. UNITED STATES. NO 35. UNITED STATES, Appt., v. SAMUEL M. PLUMLEY. NO 36 |
| Court | U.S. Supreme Court |
Messrs. George A. King, and William B. King for Samuel M. plumley.
Mr. William W. Scott, Assistant Attorney, and Mr. John Q. Thompson, Assistant Attorney General, for the United States.
In October, 1888, P. H. McLaughlin & Company contracted to build the Naval Observatory in Washington for $307,811. After most of the work had been done, the contract was forfeited for failure to make satisfactory progress. 37 Ct. Cl. 150. The government advertised for bids to complete the work. After examining the contract and documents Plumley agreed to complete the building in accordance with the McLaughlin contract, and 'duly authorized changes' by June 1st, 1892, for the sum of $25,840. Having finished the work, he sued the government for damages by delay and for extra work amounting to $12,813. The court rendered judgment in his favor for $502 insurance paid during the period he was delayed in finishing the work. All of the other items were disallowed. Both parties appealed.
1. The largest item is a claim for extra compensation for installing a ventilator system, which McLaughlin agreed to do for a given sum. The proposed change and this offer were submitted by the architect to the Bureau of Equipment, with the statement that, if approved, McLaughlin would enter into a formal written contract to do the work for the prices named. The plans and bid were approved. McLaughlin was directed to proceed, and did some work thereon. Later his contract was forfeited. Plumley (and his partner, Davis, a former member of McLaughlin & Company) knew these facts at the time the bid was made to complete the work, but when required to build the ventilating system, Plumley insisted that it was not within McLaughlin's original contract, and not a 'duly authorized change' because no written contract had been signed by both parties, as required by the terms of the contract. This contention was rejected by the architect, and, on appeal, by the Secretary of the Navy. The court of claims at first sustained this position, but on a rehearing held that Plumley was estopped from claiming that the change had not been duly authorized, and, under his contract to complete the work, was bound to finish what McLaughlin had begun. Beyond this the contract provided that if there was any discrepancy between plans and specifications, or between the contract of McLaughlin and the contract of Plumley, the matter should be referred to the Secretary, Plumley agreeing 'to abide by his decision in the premises.' The Secretary decided against him, and under the circumstances his construction is binding on the contractor.
2. This same provision prevents a recovery for the drain pipe included in the original...
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