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.