Legal Opinion · Dissent

Connell Steamboat Co. v. United States

United States Court of Claims

Decided October 29, 1923No. 34628Published

1DissentBooth, Judge

My inability to assent to the foregoing judgment rests upon a belief that the transaction involved was a mere contract for service and not a demise of the boats. The numerous letters and acceptances which make up the contract nowhere expressly characterize it as either a contract for service or a demise of the boats; so under the decisions of the Supreme Court the question must be determined by an examination of the contracts and the conduct of the parties thereunder, always giving a construction adverse to a demise of the boats when the issue is doubtful, the courts uniformly leaning toward…

2Cases cited5 opinions

  1. Leary v. United StatesSupreme Court of the United States · 1872
  2. United States v. SheaSupreme Court of the United States · 1894
  3. Reed v. United StatesSupreme Court of the United States · 1871
  4. Donald v. United StatesUnited States Court of Claims · 1904
  5. Plant Investment Co. v. United StatesUnited States Court of Claims · 1910

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