Melville Fuller

“ The certificate of the second assistant postmaster general is dated October 23, 1878, and states that the mails had been carried 'without any failures or delinquencies, so far as shown by returns received, for the quarter ended September 30, 1878.' As the contract was a plain one, and was not performed according to its terms, we think this certificate indicates clearly that the 'returns received' did not show the non-performance. So far from strengthening the alleged presumption that the postmasters reported the facts as they existed, its effect is to the contrary. ”

“ Claimant contracted to carry the mails 'from Salinas, by Santa Rita and Natividad, to Gabilan, 15 miles, and back.' The time to be taken on the trip was specified at six hours each way. There is no ambiguity in this contract, from which a doubt could arise as to whether the return route was to be identical with the outward route. Where places are designated as on the line of a mail route from one point to another and back, no reason is perceived for their omission on the return. ”

“ Solari, 9 Mees. & W. 54, 58, that 'where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that the fact was untrue, an action will lie to recover it back, and it is against conscience to retain it,' and adds: 'Reasons for the application of the rule are much more potent in the case of contracts of the government than of contracts of individuals ”