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Moore v. United States, 196 U.S. 157 (1905)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Moore v. United States, 196 U.S. 157 (1905)
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Moore v. United States No. 71 Argued December 6, 1904 Decided January 3, 1905 196 U.S. 157
APPEAL FROM THE COURT OF CLAIMS
Syllabus
Usage may be resorted to in order to make definite what is uncertain, clear up what is doubtful, or annex incidents, but not to vary or contradict the terms of a contract.
Under contracts between a San Francisco coal dealer and the United States for the delivery of coal at Honolulu "at wharf" or "on wharf as customary," the customs referred to held to be those of Honolulu and not of San Francisco, and that the United States, in the absence of any provision to the contrary, could not be held liable for the demurrage paid by the shipper to the owners of vessels carrying the coal for delay in discharging their cargoes on account of the crowded condition of the harbor.
In engagements to furnish goods to a certain amount the quantity specified governs. Words like "about" and "more or less" are only for the purpose of providing against accidental and not material variations.
Under the contract in this case for delivery of "about" 5,000 tons of coal the United States cannot refuse to accept more than 4,634 tons, but is liable for the difference in value on 366 tons tendered and acceptance refused.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Moore v. United States, 196 U.S. 157 (1905) in 196 U.S. 157 196 U.S. 158–196 U.S. 162. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RN1B8BV3XXDEMRU.
MLA: U.S. Supreme Court. "Syllabus." Moore v. United States, 196 U.S. 157 (1905), in 196 U.S. 157, pp. 196 U.S. 158–196 U.S. 162. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RN1B8BV3XXDEMRU.
Harvard: U.S. Supreme Court, 'Syllabus' in Moore v. United States, 196 U.S. 157 (1905). cited in 1905, 196 U.S. 157, pp.196 U.S. 158–196 U.S. 162. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RN1B8BV3XXDEMRU.
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