97 US 233 United States v. McKee McKee  97 U.S. 233  24 L.Ed.
911   October Term, 1877  APPEALS from the Court of Claims.  The
facts are stated in the opinion of the court.  Mr. Assistant-
Attorney-General Smith, for the United States.  Mr. S. W.
Johnston, contra.  MR. JUSTICE MILLER delivered the opinion of
the court.   McKee had two separate written contracts with the
quartermaster's department for the delivery of hay during the
summer of 1864. The delivery in the one contract to be at Fort
Gibson, of a part of the hay, and of another part at, or within
seven miles of, that fort, and in the other, at Cabin Creek and
Hudson's Crossing of the Neosho River. The locality was the
Indian country, south of Kansas and west of Arkansas, which was
the theatre of hostilities. Each contract contained the
following provision, which is the foundation of plaintiff's
claim against the United States now under consideration:——   'It
is expressly understood by the contracting parties hereto, that
sufficient guards and escorts