Frank Murphy

United States v. Blair — Opinion of the Court

Summary

Quotes from United States v. Blair — Opinion of the Court (Frank Murphy)

Frank Murphy,  United States v. Blair — Opinion of the Court

“ But where the man on the spot, in his daily relations with the contractor, shows the kind of arbitrary attitude found by the Court of Claims, he cannot be effectively supervised by the head of a department. In any event, the burden of incurring the subordinate's future hostility by appeals to the head of a department should not be cast on the contractor. The findings of the Court of Claims in this case can only mean that it would have been wholly futile, and worse than futile, to invoke the explicit provisions of the contract for resort to administrative relief. ”
Source: Wikisource

Frank Murphy,  United States v. Blair — Opinion of the Court

“ Thus, absent a valid excuse for not appealing the disputed items to the departmental head pursuant to Article 15, respondent cannot assert a claim for damages in the Court of Claims. If it were shown that the appeal procedure provided in the contract was in fact inadequate for the correction of the alleged unreasonable attitude of the subordinate Government officials, we would have quite a different case. But here we must insist, not that respondent turn square corners, but that he exhaust the ample remedies agreed upon. ”
Source: Wikisource

Frank Murphy,  United States v. Blair — Opinion of the Court

“ Thus the court ruled that respondent was excused from following the procedure set forth in the contract. We cannot agree. Even if the conduct of the Government superintendent or contracting officer, or their assistants, was so flagrantly unreasonable or so grossly erroneous as to imply bad faith, the appeal provisions of the contract must be exhausted before relief is sought in the courts. ”
Source: Wikisource

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature