 | 1900 - 812 páginas
...articles, or to furnish a given number or quantity of articles "more or less." It is well settled that the addition of the qualifying words "about," "more or less," and the like, in such contracts, "is only for the purpose of providing against accidental variations arising from slight... | |
 | 1901 - 822 páginas
...admit of any material variation from the quantity named. Said Mr. Justice Bradley in Brawley v. US: "The addition of the qualifying words 'about.' 'more...excesses or deficiencies in number,, measure, or weight." The plaintiff, relying upon this covenant of the defendant, according to the allegations of the complaint,... | |
 | Francis Marion Burdick - 1901 - 352 páginas
...subject of the contract, the addition of such qualifying words as "about," "more or less," and the like "is only for the purpose of providing against accidental...excesses or deficiencies in number, measure, or weight. " 3 Hence, a contract for " about 300 quarters, more or less, of foreign rye," does not warrant the... | |
 | Floyd Russell Mechem - 1901 - 962 páginas
...pine saw logs," a charge that the addition of the qualifying words " about " and " more or less " was only for the purpose of providing against accidental...from slight and unimportant excesses or deficiencies, was held proper, the court saying: "Indeed, it is well settled that, when a specified quantity of an... | |
 | International Correspondence Schools - 1903 - 636 páginas
...quality or character to a certain amount, the quantity specified is material, and governs the contract. The addition of the qualifying words "about," "more...variations arising from slight and unimportant excesses and deficiencies in number, measure, or weight. (3) But, if the qualifying words be supplemented by... | |
 | Samuel Williston - 1904 - 696 páginas
...Out. 185; Kauffman u. Raeder, 108 Fed. Rep. 171. governs the contract. The addition of the qualifiying words ' about,' ' more or less,' and the like, in...excesses or deficiencies in number, measure, or weight." Brawley v. United States, 96 US 168, 171, 172.. The seller is bound to deliver the quantity stipulated,... | |
 | Samuel Williston - 1904 - 696 páginas
...Raeder, 108 Fed. Rep. 171. I governs the contract. The addition of the qualifiying words ' about,' I ' more or less,' and the like, in such cases, is only...against accidental variations, arising from slight and unimy portant excesses or deficiencies in number, measure, or weight." """Brawley v. United States,... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1905 - 730 páginas
...to furnish goods to a certain amount, the quantity specified is material and governs the contract. "The addition of the qualifying words 'about,' 'more...excesses or deficiencies in number, measure or weight." See also Cabot v. Winsor, I Allen, 546, 550; Salmon v. Boykin, 66 Maryland, 541; Indianapolis Cabinet... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1905 - 730 páginas
...to furnish goods to a certain amount, the quantity specified is material and governs the contract. "The addition of the qualifying words 'about,' 'more...excesses or deficiencies in number, measure or weight." See also Cabot v. Winsor, 1 Allen, 546, 550; Salmon v. Boykin, 66 Maryland, 541; Indianapolis Cabinet... | |
 | United States. Supreme Court - 1905 - 728 páginas
...to furnish goods to a certain amount, the quantity specified is material and governs the contract. "The addition of the qualifying words 'about,' 'more...excesses or deficiencies in number, measure or weight." See also Cabot v. Winsor, I.Allen, 546, 550; Salmon v. Boykin, 66 Maryland, 541; Indianapolis Cabinet... | |
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When no such independent circumstances are referred to, and the engagement is to furnish goods of a certain quality or character to a certain amount, the quantity specified is material, and governs the contract. The addition of the qualifying words 'about, 
