Smoot v. United States,
237 U.S. 38 (1915)

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U.S. Supreme Court

Smoot v. United States, 237 U.S. 38 (1915)

Smoot v. United States

No. 208

Argued March 18, 19, 1915

Decided April 5, 1915

237 U.S. 38


A letter from the government engineer in charge to a contractor, who had, under written contract with the United States, agreed to furnish a specified amount of material at a specified price, that a larger amount of material would probably be required, held in this case not to be a contract for the additional amount or a modification of the original contract. As a general rule, specific or individual marks and figures control generic ones, and there is an analogy between the control of specific figures over estimates and that of monument over distances. Brawley v. United States, 96 U. S. 168.

Smoot v. United States, 48 Ct.Cl. 427, affirmed.

The facts, which involve a claim for profits on a contract for sand with the United States for the Washington City Filtration Plant which the United States refused to receive, are stated in the opinion.

Page 237 U. S. 39

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