Garrison v. United States
Supreme Court of the United States
Appeal from the Cotfrt of Claims; the facts as found by that court beiug thus: The .Secretary of War, by an order, approved by the President, of the date of September 1st, 1861, authorized General Butler to “ raise, organize, arm, uniform, and equip,” in the New England States, a force not exceeding six regiments,-and his requisition^ on the quartermaster’s, ordnance, and other staff departments of the army, were to be obeyed, provided “ the cost of such recruitment,…
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Appeal from the Cotfrt of Claims; the facts as found by that court beiug thus: The .Secretary of War, by an order, approved by the President, of the date of September 1st, 1861, authorized General Butler to “ raise, organize, arm, uniform, and equip,” in the New England States, a force not exceeding six regiments,-and his requisition^ on the quartermaster’s, ordnance, and other staff departments of the army, were to be obeyed, provided “ the cost of such recruitment, armament, and equipment, did not exceed, in the aggregate, that of like troops now or hereafter raised for the service of the…
1Opinion of the CourtJustice Milled
The matter in iss¡ue is to be determined by a sound construction of the written contract.
It must be confessed that the language of the memorandum i's not happy. To accept.the Enfield rifle, in' place of the sabre bayonet, “ upon the value conditions as are herein ' specified,” is not very clear, and at best but amounts to a reference to the original agreement for the price of the sub'stituted gun.
"Wk are inclined to the view of the contract claimed by plaintiff, for the following reasons:
1. The supplementary agreement is signed by General Butler, and not by plaintiff. Its doubtful expressions…
2Cited by23 opinions
- Lynch v. United StatesSupreme Court of the United States · 1934
- Ferguson v. Union Nat. Bank of Clarksburg, W. Va.Court of Appeals for the Fourth Circuit · 1942
- United States v. A. Bentley & Sons Co.District Court, S.D. Ohio · 1923
- Robert L. Guyler v. The United StatesUnited States Court of Claims · 1963
- Breese Burners, Inc. v. United StatesUnited States Court of Claims · 1954
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