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United States v. O’brien, 220 U.S. 321 (1911)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. O’brien, 220 U.S. 321 (1911)
United States v. O’Brien No. 108 Argued March 17, 1911 Decided April 3, 1911 220 U.S. 321
ERROR TO HE UNITED STATES CIRCUIT COURT
OF APPEALS FOR THE SECOND CIRCUIT
Syllabus
The word "annul," as used in the contract involved in this case, construed as refusing to perform further, not to rescind or avoid.
A government contract which makes the right of the contractor to continue work under the contract depend upon the approval of the engineer in charge will not in the absence of express terms be construed as making the dissatisfaction of such engineer with progress of the work conclusive of a breach.
Where, except for the prohibition of the United States to allow the contractor to proceed, the work might have been finished within the specified period, the United States cannot claim a breach entitling it to annul the contract and hold the contractor responsible for difference in cost of completion.
163 F. 1022 affirmed.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. O’brien, 220 U.S. 321 (1911) in 220 U.S. 321 220 U.S. 324. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=1UMUJ64ZETYAHNK.
MLA:
U.S. Supreme Court. "Syllabus." United States v. O’brien, 220 U.S. 321 (1911), in 220 U.S. 321, page 220 U.S. 324. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=1UMUJ64ZETYAHNK.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. O’brien, 220 U.S. 321 (1911). cited in 1911, 220 U.S. 321, pp.220 U.S. 324. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=1UMUJ64ZETYAHNK.
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