Dix Island Granite Co. v. United States
United States Court of Claims
The Reporters’ statement of the case : The allegations of the petition, demurred to by the defendants, sufficiently appear in the opinion of the court. It will be observed that upou the first and principal question in the case, the price of stones exceeding twenty cubic feet in ■dimensions, a majority of the court were not agreed.
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The Reporters’ statement of the case : The allegations of the petition, demurred to by the defendants, sufficiently appear in the opinion of the court. It will be observed that upou the first and principal question in the case, the price of stones exceeding twenty cubic feet in ■dimensions, a majority of the court were not agreed. The whole question upon this claim arises upon the construction of the clause in the contract: “ The party of the first part hereby covenants and agrees to pay or cause to be paid unto the said party of the second part, or their legal representatives, for-the stone…
1Dissent
ÍTott, J.,
dissenting:
Of most things which are bought and sold the value or prices in the direct ratio of the quantity. Thus if a sack of flour weighing fifty pounds be worth §3, one weighing one hundred pounds would be worth $10; or, if a yard of cloth be worth $2,. ten yards would be worth $20. It may be true in many cases that a large article is more valuable than a small one of the same variety, as in the case of fruit, where<a barrel of large apples is worth more than a barrel of small ones, though of the same kind; yet here the unit is the barrel and not the apple, and the difference of…
2Cases cited1 opinion
- Shavor v. United StatesUnited States Court of Claims · 1868