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" Article 15 have been approved and enforced 'in the absence of fraud or such gross mistake as would necessarily imply bad faith, or a failure to exercise an honest judgment. "
Finality Clauses in Government Contracts: Hearings, Eighty-second Congress ... - Page 65
by United States. Congress. Senate. Committee on the Judiciary - 1952 - 137 pages
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 109

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1898 - 796 pages
...other evidence." The rule is well settled that an award or estimate, if made, can be impeached for fraud, or such gross mistake as would necessarily imply bad faith, or failure to exercise an honest judgment in the premises. Kihlberg \. US, 97 US 398; Martinsburg & Potomac...
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Cases Decided in the United States Court of Claims ... with ..., Volumes 110-120

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1952 - 932 pages
...contracting officer in the matter of expenditures was intended to be conclusive, in the absence of fraud, such gross mistake as would necessarily imply bad faith, or a failure to exercise an honest judgment (pp. 129, 130). In the instant case the Government does not claim and the record fails to show that...
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Albany Law Journal, Volume 32

Law - 1886 - 546 pages
...contractor, iu current notes, the sum which, according to this contract, shall be due." Held, that in the absence of fraud, or such gross mistake as...faith, or a failure to exercise an honest judgment, his action in the premises is conclusive upon the parties. Kihlberg sued the United States upon a contract...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 7; Volume 97

United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...quartermaster, was less than by air line, or by the usual and customary route. Held, 1. That his action is, in the absence of fraud, or such gross mistake as...faith, or a failure to exercise an honest judgment, conclusive upon the parties. 2. That A. was not entitled to compensation, according to the number of...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 7; Volume 97

United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...or by the usual and customary route. //,/,/, 1. That his action is, in the absence of fraud, or euch gross mistake as would necessarily imply bad faith, or a failure to exercise an honest judgment, conclusive upon the parties. 2. That A. wa« not entitled to compensation, according to the number...
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Cases Decided in the Court of Claims of the United States at the ..., Volume 15

United States. Court of Claims - Law reports, digests, etc - 1880 - 746 pages
...ascertained and fixed by the chief q uartermaster. The Supreme Court held, as to this officer, that in the absence of fraud, or such gross mistake as...faith or a failure to exercise an honest judgment, his action in the premises was conclusive on the claimant as well as on the government. This rule is...
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The Federal Reporter, Volume 124

Law reports, digests, etc - 1903 - 1112 pages
...a legal and binding stipulation, and can only be set aside for fraud, or for such gross mistakes as imply bad faith or a failure to exercise an honest judgment. Kihlberg v. US, 97 US 398 [24 L. Ed. 1106]; Sweeney v. US, 109 US 618, 3 Sup. Ct. 344 [27 L. Ed. 1053]; Railway...
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The Pacific Reporter, Volume 160

Law reports, digests, etc - 1917 - 1226 pages
...matters which he is authorized to determine, except in case of fraud, or such gross mistake upon his part as would necessarily imply bad faith, or a failure to exercise an honest judgment." The judgment la affirmed. WHITE and GARRIGUES, JJ., concur. (62 Colo. 67) NEW YORK LIFE INS. CO. v....
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United States Reports: Cases Adjudged in the Supreme Court, Volume 114

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1885 - 792 pages
...his discharge of the duty imposed upon him by the mutual assent of the parties. This court said : " In the absence of fraud or such gross mistake as would...faith, or a failure to exercise an honest judgment, his action in the premises is conclusive upon the appellant as well as upon the government." This principle...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 68

Arkansas. Supreme Court - Law reports, digests, etc - 1901 - 678 pages
...agreed that his decision shall be final, his decision cannot be questioned by either party, except for fraud or such gross mistake as would necessarily imply...faith or a failure to exercise an honest judgment. The same would be true of an agreement as to one person to scale, or one place of scaling. Notwithstanding...
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