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MIDLAND LAND, ETC., CO. v. U.S.

No. 105.

270 U.S. 251 (1926)

46 S.Ct. 218

70 L.Ed. 570

MIDLAND LAND & IMPROVEMENT COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided March 1, 1926.

Attorney(s) appearing for the Case

Mr. Clarence C. Calhoun, for appellant.

Mr. Assistant Attorney General Galloway, with whom Solicitor General Mitchell was on the brief, for the United States.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

On August 12, 1907, the Midland Land & Improvement Company agreed with the United States to dredge and dispose of 4,177,110 cubic yards of material in Newark Bay and Passaic River at 16 1/4 cents per yard, payable as the work progressed. The contract provided that the work should be prosecuted with "faithfulness and energy" and that the rate of work "will be at least 50,000 cubic yards per month." On September...

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