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Bowers Hydraulic Dredging Co. v. United States, 211 U.S. 176 (1908)
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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.
Bowers Hydraulic Dredging Co. v. United States, 211 U.S. 176 (1908)
Bowers Hydraulic Dredging Company v. United States No. 9 Argued November 11, 1908 Decided November 30, 1908 211 U.S. 176
APPEAL FROM THE COURT OF CLAIMS
Syllabus
Where words used in a contract are plain and unambiguous, expert testimony as to their commercial signification is not admissible for the purpose of destroying the plain and obvious intendment of a contract, and so held that, where a government dredging contract, by its terms, expressly excluded material which slid into the excavation from the slope outside of the stakes, expert testimony to show that the trade meaning of the words "measured in place" includes such sliding material if dredged was properly excluded.
After the government has, against the contractor’s protest, affixed a meaning to terms used in a contract, the contractor cannot reassert the same claim in regard to a supplementary contract for additional work of the same nature even if the original contract were susceptible of the construction claimed by him.
41 Ct.Cl. 214, 498, affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Bowers Hydraulic Dredging Co. v. United States, 211 U.S. 176 (1908) in 211 U.S. 176 211 U.S. 180. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RVCMV3UC3XK5ADT.
MLA: U.S. Supreme Court. "Syllabus." Bowers Hydraulic Dredging Co. v. United States, 211 U.S. 176 (1908), in 211 U.S. 176, page 211 U.S. 180. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RVCMV3UC3XK5ADT.
Harvard: U.S. Supreme Court, 'Syllabus' in Bowers Hydraulic Dredging Co. v. United States, 211 U.S. 176 (1908). cited in 1908, 211 U.S. 176, pp.211 U.S. 180. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RVCMV3UC3XK5ADT.
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