U.S. Supreme Court
Hawkins v. United States, 96 U.S. 689 (1877)
Hawkins v. United States
96 U.S. 689
1. A. agreed to furnish the United States a number of cubic yards of rubble stone, for the construction of a public building under a contract which, after prescribing the dimensions of the material, and the price to be paid therefor, provided that no departure should be made from its conditions, without the written consent of the Secretary of the Treasury. Such consent was not given. The assistant superintendent, in charge of the erection of the building, declined to receive certain of the stones, although they were within the description of the contract, and required A. to furnish others of a different and more expensive kind, which the latter did. Held that, as A. was bound to take notice of the fact that the assistant superintendent had no power to vary the contract, he is only entitled to recover according to its terms.
2. The question of agency discussed.
The facts are stated in the opinion of the Court.