The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 79
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UNI'I D STATES V. REPUBLIC BAG & PAPER CO.
UNITED STATES v. REPUBLIC BAG & PAPER CO.
(Circuit Court of Appeals, Second Circuit. March 14, 1918.)
1. UNITED STATES X70(1)-CONTRACTS-CONSTRUCTION-PROVISIONS RESPECT-
Proposals by the Public Printer for the purchase of print paper also
contained the advertisements inviting bids which set forth in a schedule
the estimated quantity of each kind of paper required. Both advertise-
ment and proposal provided that the successful bidder would be required
to enter into a contract to furnish the quantity required, "whether
more or less than the estimates." Defendant's bid was accepted, and
it entered into a contract, prepared by the government, requiring it for the
term of six months to "furnish * * * so much of the estimated
quantity as may be ordered by the party of the second part." Held, that
by the terms of the contract the quantity defendant was required to
furnish was limited by the estimate as a maximum, and that, whatever
the reason for the variance between the contract and proposal, the con-
tract must govern as determining the obligation of defendant.
2. SALES 0=71(3)-CONTRACT--CONSTRUCTION-"MOE OR LESS."
The words "more or less," used in a contract of sale in connection with
an estimated quantity, when the only measure is the estimate itself, allow
only a small latitude of variation.
[Ed. Note.--For other definitions, see Words and Phrases, First and
Second Series, More or Less.]
Ward, Circmt Judge, dissenting.
In Error to the District Court of the United States for the South-
ern District of New York.
Action by the United States against the Republic Bag & Paper Com-
pany. Judgment for defendant, and plaintiff brings error. Affirmed.
Writ of error to a judgment dismissing a complaint at law upon demurrer.
The complaint alleged that the plaintiff, through the Public Printer, on
March 1, 1916, entered into a contract with the defendant for supplying it
with a certain part of the paper for public printing and binding; that before
May 10, 1916, the defendant had delivered to the Public Printer 270,000
pounds of paper, and had accepted orders for 80,000 pounds more; and that
it finally delivered 338,716 pounds all told. It further alleged that the
needs of the plaintiff for printing and binding work for six months from
March 1, 1916 (the term of the contract), were over 965,500 pounds; that the
defendant refused to deliver more than 338,716 pounds; and that the plain-
tiff was obhged to go into the market and buy at a higher price, to the damage
of the plaintiff in the sum of over $11,000.
The contract provided that the defendant should furnish "so much of the
estimated quantity [of paper] as may be ordered by the party of the second
part, whether more or less than the estimate stated in the proposal, of the
kind and quality of paper called for and described under the standard sam-
ple specifications for lot 1."
Attached to the contract were the proposals upon which bids had been
taken, and attached to this proposal were the various schedules describing
the paper to be furnished. Lot No. 1 read as follows: "300,000 pounds white
news print paper 25x36", 36-pound basis," etc. The contract ran for a period
of six months from March 1, 1916.
The proposals on which the bid was made contained also the advertisement
upon which bids had been invited. This advertisement contained, among
other things, the following: "Contracts will be entered into for supplying the
For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/94/: accessed June 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.