MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The facts found below present the following case:
In October, 1864, the Chief Commissary of Subsistence for the Military Department of New Mexico advertised that he would receive proposals at his office in Santa Fé, until January 2, 1865, for the delivery of 1,000,000 pounds of corn at Fort Sumner in three instalments, to wit: 500,000 pounds not later than May 31, 250,000 pounds not later than...
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