Opinion · United States Court of Claims
Firestone Tire & Rubber Co. v. United States
195 Ct. Cl. 21
- Type
- Opinion
- Court
- United States Court of Claims
- Jurisdiction
- Federal
- Date
- 1971-08-06
- Topic
- general
stating that “the language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person” | ruling that intention of contracting parties controls contract’s interpretation | stating that “the intention of the parties to a contract control its interpretations” | meaning determined from the perspective of “a reasonably intelligent person acquainted with the contemporary circumstances" | the court must place itself "into the shoes of a `reasonable and prudent' construction contractor" | the court must place itself “into the shoes of a ‘reasonable and prudent’ construction contractor” | regulation prescribing price escalation term in government contracts does not supplant price escalation contract term | “[T]he language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person acquainted with the contemporary circumstances.” | “the language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person acquainted with the contemporary circumstances” | "The unexpressed, subjective unilateral intent of one party is insufficient to bind the other contracting party ....”
Citator
- Cited by
- 49 opinions
On August 6, 1971, the court ordered that judgment be entered for plaintiff in the sum of $232,551.