Dissent Jackson | Date decided 1951 | |
Full case name United States v. Wunderlich Citations 342 U.S. 98 (more)
72 S. Ct. 154; 96 L. Ed. 113 Prior history 117 Ct. Cl. 92 (reversed) Majority Minton, joined by Vinson, Black, Frankfurter, Burton, Clark Dissent Douglas, joined by Reed | ||
United States v. Wunderlich, 342 U.S. 98 (1951) was a case decided before the United States Supreme Court.
Contents
Dispute
A dispute arose during the course of respondents' performance of a contract to build a dam for petitioner United States. The contract contained a dispute resolution provision, called a "finality clause" or an "Article 15" provision, which relegated disputes to the contracting officer with any final appeal to be rendered by the department head, whose decision was final and conclusive on the matter.
Court of claims
The court of claims set aside the factual determination made by the Secretary of Interior, holding it to be arbitrary, capricious, and grossly erroneous, even if a provision of the contract made his decision final and conclusive upon the parties thereto.
Opinion of the Court
In an opinion authored by Justice Minton, the Court reversed 6-3, holding:
Dissents
Justice Douglas, with the concurrence of Justice Reed, dissented, arguing that the Court of Claims should be allowed to reverse an official where his conduct is plainly out of bounds, whether he is fraudulent, perverse, captious, incompetent, or just palpably wrong.
Justice Jackson, dissented on the ground that the administrative decision was impeachable not only for fraud, but also for a gross mistake necessarily implying bad faith.