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eBook details

• Title: Black Et Al. v. United States
• Author : United States Supreme Court
• Release Date : January 01, 1875
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Mr. C. F. Peck for the appellants, and Mr. Assistant Attorney-General Edwin B. Smith for the United States. The transportation for which compensation is now asked was 'from one point to another within the route;' and full payment has been made therefor 'according to the distance the supplies were transported, and agreeably to the rates specified in the tabular statement.' It is claimed, however, that as Fort Phil. Kearney, the point at which the supplies were received for transportation, 'was within the route,' the contractors are entitled to compensation for the distance their teams travelled unloaded to reach that place, as well as for the distance the supplies were carried. This claim is based, not upon any express provision in the contract requiring or even permitting such payment, but because, as is insisted, the service rendered was not included in the obligations of the contract. The argument is, that the places named in Art. I. are the only places at which the contractors were bound to receive the supplies to be transported. But this excludes from consideration Arts. II. and XIV., by which the contractors bound themselves not only to transport under the agreement from the posts, d ep ots, and stations named in Art. I., but also 'from and to any other posts, d ep ots, or stations that might be established within the district described in said article,' and 'from one point to another within the route.' For the purposes of construction, we must look to the whole instrument. The intention of the parties is to be ascertained by an examination of all they have said in their agreement, and not of a part only.

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