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Hollerbach v. United States, 233 U.S. 165 (1914)

Hollerbach v. United States

No. 250

Argued March 9, 1914

Decided April 6, 1914

233 U.S. 165


A government contract should be interpreted as are contracts between individuals, and with a view of ascertaining the intention of the parties and to give it effect accordingly if that can be done consistently with its terms.

A positive statement in a contract as to present conditions of the work must be taken a true and binding upon the government, and loss resulting from a mistaken representation of an essential condition should fall upon it, rather than on the contractor, even though there are provisions in other paragraphs of the contract requiring the contractor to make independent investigation of facts.

47 Ct.Cl. 236 reversed.

The facts, which involve the construction of a government contract for public work and the rights of the contractor thereunder, are stated in the opinion.

Page 233 U. S. 167

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