Hollerbach v. United States
Citations
- 233 U.S. 165
- 34 S. Ct. 553
- 58 L. Ed. 898
- 1914 U.S. LEXIS 1277
- 49 Ct. Cl. 686
Syllabus
<p>A Government contract should be interpreted as are contracts between individuals and with a view of ascertaining the intention of the parties and to give it effect accordingly if that can be done consistently with its terms.</p> <p>A positive statement in a contract as to present conditions of the work must be taken as true and binding upon the Government, and loss resulting from a mistaken representation of an essential condition should fall upon it rather than on the contractor, even though there are provisions in other paragraphs of the contract requiring the contractor to make independent investigation of facts.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that owner's specifications regarding character of underground material was matter upon which owner might be presumed to speak with knowledge and authority, and concluding that contractor was not required to undertake investigation to prove falsity of owner's specifications
- stating that owner’s specifications regarding character of underground material was matter upon which owner might be presumed to speak with knowledge and authority, and concluding that contractor was not required to undertake investigation to prove falsity of owner's specifications
- stating that owner’s specifications regarding character of underground material was matter upon which owner might be presumed to speak with knowledge and authority, and concluding that contractor was not required to undertake investigation to prove falsity of owner’s specifications
- Court refused to permit the government to assert a position contrary to an affirmative representation that it had made in a contract for the repair of a dam
- “If the government wished to leave the matter open to the independent - 27 - 1-19-1972
- Court refused to permit the government to assert a position contrary to an affirmative representation that it had made in a contract for the repair of a dam
Source: CourtListener parenthetical corpus (CC0).
Judges: Day
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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