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March 19, 2021

eBook details

Title: United States v. Wunderlich Et Al.
Author : Supreme Court of the United States
Release Date : January 26, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

MR. JUSTICE MINTON delivered the opinion of the Court. This Court is again called upon to determine the meaning of the ""finality clause"" of a standard form government contract. Respondents agreed to build a dam for the United States under a contract containing the usual ""Article 15.""* That Article provides that all disputes involving questions of fact shall be decided by the contracting officer, with the right of appeal to the head of the department ""whose decision shall be final and conclusive upon the parties thereto."" Dissatisfied with the resolution of various disputes by the department head, in this instance the Secretary of the Interior, respondents brought suit in the Court of Claims. That court reviewed their contentions, and in the one claim involved in this proceeding set aside the decision of the department head. 117 Ct. Cl. 92. Although there was some dispute below, the parties now agree that the question decided by the department head was a question of fact. We granted certiorari, 341 U.S. 924, to clarify the rule of this Court which created an exception to the conclusiveness of such administrative decision.

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