Opinion · Supreme Court of the United States

A. W. Duckett & Co. v. United States

266 U.S. 149

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1924-11-17
Topic
general

Mr. Justice Holmes delivered the opinion of the Court. This is a claim against the United States for the value of the claimant’s interest in Pier No. 8 of the Bush Terminal Company under a lease that ran through Sep- *150 tembér 30, 1919. The claim is based upon an implied contract alleged to have arisen from a taking for war purposes, for such time as might be necessary, of described portions of the Bush Terminal docks and warehouses, including the claimant’s pier. The Court of Claims dismissed the petition for want of jurisdiction upon the ground that the facts found excluded as matter of law the possibility that a contract should be implied and that therefore there could be no claim.

Citator

UpLaw has not yet analyzed A. W. Duckett & Co. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
128 opinions

Headnotes

  1. Real Property Law — Implied Contract to Compensate When the President, acting under the Act of August 29, 1916, requisitions terminal property for war purposes through a general public notice promising compensation, the taking operates in rem against all interests in the property, and a leasehold interest forming part of the res is taken, giving rise to an implied promise by the Government to pay for it. 266 U.S. at 151
  2. Real Property Law — Effect of Taking on Existing Interests An exercise of eminent domain that takes possession and control of property against all the world, though not taking the fee, proceeds in rem; such a taking founds a new title and extinguishes all previous rights in the property, so that all existing interests, including leaseholds, are compensated as part of the res taken. 266 U.S. at 151
  3. Real Property Law — Requisition Distinguished from Frustration of Contract Where the Government requisitions property and thereby makes performance of a private contract impossible, the contract itself is no part of the res taken and is not appropriated, so no implied contract to pay arises on account of it; but where the claimant's possessory interest under a lease is itself part of the res taken, that interest falls within the implied promise to pay. 266 U.S. at 151