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

How later courts describe this case

  • 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"
  • 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”

Citator

UpLaw has not yet analyzed Firestone Tire & Rubber Co. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
94 opinions

On August 6, 1971, the court ordered that judgment be entered for plaintiff in the sum of $232,551.