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MURPHY V. UNITED STATES, 104 U. S. 464 (1881)

U.S. Supreme Court

Murphy v. United States, 104 U.S. 464 (1881)

Murphy v. United States

104 U.S. 464


A claim against the United States for damages which a contractor alleged he had sustained was, by the appropriate department, adjusted upon a basis to which he agreed. He accepted the sum allowed, and gave a receipt therefor in full. Held that the acceptance of the sum is a bar to his suit for the same claim.

Murphy entered into a written contract with the United States for excavating a portion of the pit for a drydock, and was paid at the contract price for all the work which be performed.

He subsequently presented to the Navy Department a claim for damages suffered by reason of certain alleged violations of the contract, and for extra work. The department adopted a basis of adjustment, to which he agreed, and there was paid to him a certain sum which, upon full information as to the principles upon which it was awarded, he accepted, and gave a receipt in full.

He sometime thereafter brought suit in the court below for the same claim, adding, however, a further item, of which there was no proof.

The court dismissed the petition, and he appealed.

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