J. J. Moore & Co. v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Claimant is a loyal citizen of the United States residing at San Francisco, Cal., and is the owner of the claims in question, and has neither assigned nor sold them. II.
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On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Claimant is a loyal citizen of the United States residing at San Francisco, Cal., and is the owner of the claims in question, and has neither assigned nor sold them. II. Claimant is a commission merchant and entered into two several contracts with the defendant, duly signed, approved, and delivered, as follows: “ This agreement, entered into this twenty-first day of June, eighteen hundred and ninety-eight, between Lieut. Colonel J. W. Pope, chief quartermaster U. S. Vols.,…
1Dissent
Nott, Ch. J.,
dissenting:
There were two sets of correspondence eventuating in two contracts between the parties in this case. In the first correspondence the parties negotiated for the sale and purchase of two cargoes of coal on two designated vessels containing in the aggregate about 3,900 tons. In the second correspondence and contract they agreed upon the sale and purchase of “about 5,000 tons.” It was also stipulated in the contract that the obligation of the purchaser should be to pay “for five thousand (5,000) tons” without any qualifying words, such as “more or less” or “about.” The…
2Cases cited2 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Brawley v. United StatesSupreme Court of the United States · 1875