United States v. Gibbons
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The principal question in this case related to the proper construction of a building contract between the parties, entered into May 22d, 1866, the United States acting by Joseph Smith, chief of the bureau of yards and docks, under the authority of the Navy Department, for the repair of the entrance buildings and carpenter-shop at the Norfolk Navy Yard, which had been destroyed by fire in 1861, at the outbreak of the civil war..
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APPEAL FROM THE COURT OF CLAIMS. The principal question in this case related to the proper construction of a building contract between the parties, entered into May 22d, 1866, the United States acting by Joseph Smith, chief of the bureau of yards and docks, under the authority of the Navy Department, for the repair of the entrance buildings and carpenter-shop at the Norfolk Navy Yard, which had been destroyed by fire in 1861, at the outbreak of the civil war.. The contract required the appellee to furnish, at his own risk and expense, all the materials and work necessary for the repairs of…
1Opinion of the CourtJustice Matthews
After stating the facts as above, he continued:
In our opinion the court of claims committed no error in ..allowing the claim of the contractor.
The language of the specifications is, perhaps, susceptible of two meanings. According to one, it is as if it read that.“ the foundations and the brick walls now standing;” so far as they “ were uninjured by the fire, will remain; ” • according to the other, that “ the. foundations and brick walls now standing,” being such as “ were uninjured by the fire, will remain.” But, without going into any refinements of merely verbal interpretation, we think…
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- West v. CommissionerUnited States Tax Court · 1944
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