United States v. Bethlehem Steel Co.
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. . The Bethlehem Steel Company recovered a judgment in the Court of Claims (41 C. Cl. 19) for the sum of $21,000 against the appellant, from which judgment the United States, has appealed to this court.
Read the full summary
APPEAL FROM THE COURT OF CLAIMS. . The Bethlehem Steel Company recovered a judgment in the Court of Claims (41 C. Cl. 19) for the sum of $21,000 against the appellant, from which judgment the United States, has appealed to this court. The company filed its petition in the Court of Claims seek- ■ ing to recover a balance which' it alleged was due from the United States on a contract, which had been entered into by the company with Brigadier General Flagler, Chief of Ordnance, in behalf of and for the United States, for the construction of certain gun carriages, which the company alleged had…
1Opinion of the CourtJustice Peckham
It is objected on the' part of the company that as the contract in question is, as asserted, plain and unambiguous in its terms, no reference can be made to other evidence or to documents which do not form part of the contract. The general rule that prior negotiations are merged in the terms of a written contract between the parties is referred to, and it is insisted that under that rule the various letters passing between the parties prior to the execution of the contract are not admissible.
The rule that prior negotiations are merged in the-contract is general in its nature, and, we think,…
2Cases cited6 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Brawley v. United StatesSupreme Court of the United States · 1878
- Little v. . BanksNew York Court of Appeals · 1881
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Clement v. . CashNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by202 opinions
- Guiliano v. Cleo, Inc.Tennessee Supreme Court · 1999
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Knutton v. CofieldSupreme Court of North Carolina · 1968
- Wise v. United StatesSupreme Court of the United States · 1919
- Mega Construction Co. v. United StatesUnited States Court of Federal Claims · 1993
197 more not listed; retrieve them via the Exa API.