Wood v. United States
Supreme Court of the United States
On the Proofs. The Reporters' statement of the ease: The evidence in this case was exceedingly voluminous and exceedingly conflicting. From it the court deduced, among others, the following facts: The contract between Lieut. Col.
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On the Proofs. The Reporters' statement of the ease: The evidence in this case was exceedingly voluminous and exceedingly conflicting. From it the court deduced, among others, the following facts: The contract between Lieut. Col. James A. Ekin, chief quartermaster of the Department of Texas, and the petitioner, was, on advertisement and the following proposals: “ Brownsville, Texas, May 1,1871. “ I, the subscriber, hereby propose to furnish and deliver to the Quartermaster’s Department United States Army, at the post of Ford Brown, Texas, in accordance with the requirements hereunto annexed,…
1Opinion of the CourtLosing, J.
The contract was for a million pounds “ of good, merchantable prairie hay,” and the court has found that the hay did not conform to that description. The controlling word in it is “ merchantable and that is not used in reference to any particular locality or market, but only as descriptive of the quality of the hay required by the contract, and so used, the word merchantable means generally vendible in market; and merchandise is so vendible because of its fitness to serve its proper purpose, and therefore, when it is applied to forage, “merchantable” means generally edible. And the purpose of…
2Cited by1 opinion
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