Merrill-Ruckgaber Company v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OF CLAIMS. Appellant is a New York corporation. It filed a petition in the Court of Claims for the recovery from the United States of the sum of $4,475.90 for extra work performed in the construction of the foundation for the extension and remodeling of the United States assay office in New York. Issue was joined on the petition and the Court of Claims, after hearing, dismissed it. 49 Ct.
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APPEAL PROM THE COURT OF CLAIMS. Appellant is a New York corporation. It filed a petition in the Court of Claims for the recovery from the United States of the sum of $4,475.90 for extra work performed in the construction of the foundation for the extension and remodeling of the United States assay office in New York. Issue was joined on the petition and the Court of Claims, after hearing, dismissed it. 49 Ct. Cl. 553. The facts pertinent to the questions presented, collated "from the findings, are as follows: The appellant entered into a contract with the United States through the proper…
1Opinion of the CourtJustice McKenna
The case is in narrow compass, It involves for its solution the construction of a contract, and the rules to guide such, construction we need not rehearse. To its. words we at first resort, but not to one or a few of them but to all of them as associated, and as well to the conditions to which they were addressed and intended to provide for. The argument of appellant ignores this rule. As we shall see, it makes one word dominant, controls all others by it, and puts out of view the demands of the physical conditions.
The contract provided that whatever walls would have to be removed and…
2Cited by57 opinions
- United States v. MoormanSupreme Court of the United States · 1950
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Stein Bros. Mfg. Co. v. United StatesUnited States Court of Claims · 1963
- Alderman v. AldermanSupreme Court of South Carolina · 1935
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
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