District of Columbia v. Gallaher
124 U.S. 505 (1888)

Annotate this Case

U.S. Supreme Court

District of Columbia v. Gallaher, 124 U.S. 505 (1888)

District of Columbia v. Gallaher

Argued January 23, 1888

Decided February 6, 1888

124 U.S. 505

Syllabus

When, in the performance of a written contract, both parties put a practical construction upon it which is at variance with its literal meaning, that construction will prevail over the language of the contract.

In this case, the defendant in error having under a written contract with the agents of the plaintiff in error constructed a sewer which in the course of construction was, by mutual consent, and for reasons assented to by both parties, made to vary in some respects from the plans which formed part of the contract, but without any agreement as to a change in the contract price, held, for the reasons given by the Court of Claims, that the judgment of that court awarding the contract price for the work is affirmed.

The case is stated in the opinion of the Court.

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.