Brawley v. United States
Supreme Court of the United States
Appeal from the Court of Claims. This is a petition by Brawley to recover the amount of eight hundred and forty cords of wood, at $8.99 per cord, which the claimant alleges that he was prepared and ready to furnish, under a contract entered into by the claimant with Lieutenant-Colonel Holabird, Deputy Quartermaster-General United States Army, in May, 1871. The principal article, and that on which the present controversy arises, was in the following words: — “ I. That, the…
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Appeal from the Court of Claims. This is a petition by Brawley to recover the amount of eight hundred and forty cords of wood, at $8.99 per cord, which the claimant alleges that he was prepared and ready to furnish, under a contract entered into by the claimant with Lieutenant-Colonel Holabird, Deputy Quartermaster-General United States Army, in May, 1871. The principal article, and that on which the present controversy arises, was in the following words: — “ I. That, the said Daniel F. Brawley, his heirs, assignees, administrators, and executors, shall sell, furnish, and deliver, cut and…
1Opinion of the CourtJustice Bradley
From an examination of the authorities, it seems to ,us that' the general rules which must govern this, case-may be expressed as follows: —
Where a contract is made" to sell'or' furnish certain goods identified by reference to independent circumstances,' such as an entire lot deposited in a certain-.warehouse, or' all' that' may. be manufactured by the vendor in a. certain éstablishment,,or that' may be shipped by his agent or 'correspondent in certain vessels, and the- quantity is named with the qualification of “'about,” or “ more or less,” or words of like import, the contract applies to…
2Cited by207 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Torncello v. United StatesUnited States Court of Claims · 1982
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- Merriam v. United StatesSupreme Court of the United States · 1883
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