Atlantic-Pacific Oil Co. v. Gas Development Co.

I concur in the result announced in the opinion of Mr. Justice Morris, but not with all that is stated in it.

I think too much effort has been expended in placing the proper label on the clause "subject to the approval of the Secretary of the Interior," and not enough in an attempt to ascertain the intention of the parties in its use. The construction of this clause virtually determines the merits of this controversy. The troublesome clause appears in the last paragraph of the contract, which reads: "This contract is made subject to the approval of the Secretary of the Interior and the right…