Gibbons v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of the case: The contract in suit, dated May 22, 186.6, contained, among others, the following provisions: “And it is further mutually agreed by the parties to this contract, that all the materials furnished, and work performed, shall be of the best quality, and subject to tbe inspection, approval, or rejection of tbe superintendent, to be appointed on tbe part of tbe United States, wbo shall have full power to reject any materials or…
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On the Proofs. The Reporters’ statement of the case: The contract in suit, dated May 22, 186.6, contained, among others, the following provisions: “And it is further mutually agreed by the parties to this contract, that all the materials furnished, and work performed, shall be of the best quality, and subject to tbe inspection, approval, or rejection of tbe superintendent, to be appointed on tbe part of tbe United States, wbo shall have full power to reject any materials or workmanship which, in his opinion, are-not of the best quality; and all rejected materials shall be immediately removed…
1Opinion of the CourtNott, J.
The first and most important question in this case is as to the construction that should be given to the second clause of the specifications, which is in these words: “ The foundations and the brick walls now standing that were uninjured by the fire will remain and be carried up to the height designated on the plan by new work?.
*190When it becomes the duty of a court to- ascertain the true construction which should be given to a disputed article of a contract, there are three things which ordinarily should be the subject of consideration: 1st, the circumstances, known to both parties, which…
2Cases cited5 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- United States v. Child & Co.Supreme Court of the United States · 1871
- Garrison v. United StatesSupreme Court of the United States · 1869
- Child v. United StatesSupreme Court of the United States · 1871
- Garrison v. United StatesSupreme Court of the United States · 1871
3Cited by4 opinions
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Otis v. United StatesUnited States Court of Claims · 1885
- Orino v. United StatesUnited States Court of Claims · 1948
- Woolverton v. United StatesUnited States Court of Claims · 1892