Supreme Court of the United States

Hawkins v. United States

November 12, 187796 U.S. 689

Summary

The Court affirmed the Court of Claims' award based on the written contract's price rather than the market value of the more expensive stone furnished. It held that the assistant superintendent lacked authority to alter the contract, and the contractor knew that any departure required the Secretary of the Treasury's written consent. Because the contract remained operative and was neither rescinded nor modified by authorized agreement, the contractor could not recover an extra allowance on an implied-contract theory.

Holding

  • Measure of recovery for the substituted stone. The contractor's recovery was properly measured under the written contract at five dollars per cubic yard, with the additional adjustments allowed by the Court of Claims, rather than by the fair or market value of the more expensive stone.
  • Authority of the assistant superintendent to modify the government contract. The assistant superintendent could not vary the contract or bind the United States to pay additional compensation because the contract required the Secretary of the Treasury's written consent for any departure from its conditions.
  • Implied-contract or quantum meruit recovery. The contractor could not recover an extra allowance under an implied promise or quantum meruit theory because the express contract had not been rescinded, abandoned, or modified, and there was no proof of a breach supporting the claimed recovery.

Docket 700

Cited authorities

  • 17 Stat. 890
  • 17 Stat. 524

Cited by

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