United States v. Peck
Supreme Court of the United States
Appeals from the Court of Claims. Peck, the claimant, entered into a contract with the proper military .officer to furnish and deliver a. certain quantity of wood and hay to the military .station at Tongue River, in the Yellowstone region, on or before a specified day. He furnished the wood, but failed to furnish the hay, which was furnished by other parties at an increased expense.
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Appeals from the Court of Claims. Peck, the claimant, entered into a contract with the proper military .officer to furnish and deliver a. certain quantity of wood and hay to the military .station at Tongue River, in the Yellowstone region, on or before a specified day. He furnished the wood, but failed to furnish the hay, which was furnished by other parties at an increased expense. The accounting officers of the government claimed the.right-to deduct from the claimant’s wood account the increased cost of the hay. Whether this could lawfully be done was the principal question in the cause.…
1Opinion of the CourtJustice Bradley
We think that the facts of' the case clearly bring it within the rules allowing the introduction of parol evidence: first, for the purpose of showing, by the surrounding circumstances, tbe subject-matter of the contract, namely, hay to be cut and gathered in the region where it was to be delivered; secondly, for the purpose of showing the conduct of the agents of the defendants by which the claimant was encouraged and led on -to rely on a particular means of fulfilling his contract until it was too late to perform it in any other way; and then Avas prevented by these agents themselves from…
2Cases cited2 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
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