 | California. District Courts of Appeal - 1911 - 1000 páginas
...to writing, and called for "twenty carloads, more or less," and the decisions are to the effect that the "addition of the qualifying words 'about,' ' more...excesses or deficiencies in number, measure or weight." (Brawley v. United States, 96 US 16S.) The rule is also that parol evidence is inadmissible to show... | |
 | William Homer Spencer - 1911 - 702 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...excesses or deficiencies in number, measure or weight." Brawley v. United States, 96 United States Reports, 168, 171, 172. The seller is bound to deliver the... | |
 | William Frederick Elliott - 1913 - 962 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...other stipulations or conditions, which give them a broader scope or a more extensive significance, then the contract is to be governed by such added... | |
 | James Smith McMaster - 1905 - 966 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 Md. 541, 7 Atl. 701; Indianapolis... | |
 | William Albert Keener - 1914 - 1256 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...excesses or deficiencies in number, measure, or weight." Brawley v. United States, 96 US 168, 171-172. See also Rugg v. Moore (1885), 110 Pa. St. 236. C/. Beatty... | |
 | 1917 - 1196 páginas
...is the subject of the contract, the addition of such words as 'about,' 'more or less,' and the like, is only for the purpose of providing against accidental...variations arising from slight and unimportant excesses or differences in numbers, measures, or weight." Burdick on Sales (2d Ed.) page 115. The excess of 48... | |
 | United States. Court of Claims - 1918 - 688 páginas
...that case the meaning of the words "about" and "more or less" is discussed, and it is there stated : "If, however, the qualifying words are supplemented...by other stipulations or conditions which give them a broader scope or a more extensive significance, then the contract is to be governed by such added... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1919 - 992 páginas
...States, 96 TT. S. 168, 171, or of iron rails, as in Norrington v. Wright, 115 US 188, 204, is a provision "against accidental variations arising from slight...excesses or deficiencies in number, measure or weight." This, the court says, is the rule of construction when no independent circumstances are referred to,... | |
 | United States. Department of Justice - 1919 - 688 páginas
...decrease that poundage. case of Brawley v. United States, 96 US 168, 172, 173. v. herein it is said : " If, however, the qualifying words are supplemented...by other stipulations or conditions which give them a broader scope or a more extensive significancy, then the contract is to be governed by such added... | |
 | Judah Philip Benjamin - 1920 - 1270 páginas
...are referred to, the" quantity specified is material. The addition of qualifying words only provides against accidental variations arising from slight...excesses or deficiencies in number, measure, or weight. 3. But qualifying words may be supplemented by other stipulations or conditions, eg, " as much as the... | |
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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, 
