Robinson v. United States
Supreme Court of the United States
Error to the Circuit Court for the District of California; the case being thus: In June, 1867, Robinson & Co., merchants of San Francisco, entered into a written agreement with Major T. T. Hoyt, assistant quartermaster of the United States, “to deliver,” on bis order, “1,000,000 bushels of first quality clear barley.”
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Error to the Circuit Court for the District of California; the case being thus: In June, 1867, Robinson & Co., merchants of San Francisco, entered into a written agreement with Major T. T. Hoyt, assistant quartermaster of the United States, “to deliver,” on bis order, “1,000,000 bushels of first quality clear barley.” The barley, according to the terms expressed in the contract, was to be delivered between the 1st of July, 1867, and the 30th June, 1868, at such times and in such quantities as might be required, for the use of the government troops, and at certain posts named; the precise…
1Opinion of the CourtJustice Dayis
In Barnard v. Kellogg, ‡ this court decided that proof of a custom or usage inconsistent with a contract and which either expressly or by necessary implication contradicts it, cannot be received in evidence to affect it; and that usage is not allowed to subvert the settled rules of law. But we stated at the same time that custom or usage was properly received to ascertain and explain the meaning and intention of the parties to a contract, whether written or parol, the meaning of which could not be ascertained without the aid of such extrinsic evidence, and that such evidence was thus used on…
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- Hostetter v. ParkSupreme Court of the United States · 1890
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
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