United States ex rel. Knauer v. John J. Driscoll Co.

Fourth Circuit

United States ex rel. Knauer v. John J. Driscoll Co.

330 F.2d 614

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 20, 1964

DocketNo. 9300

StatusPublished

This text of 330 F.2d 614 (United States ex rel. Knauer v. John J. Driscoll Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States ex rel. Knauer v. John J. Driscoll Co., 330 F.2d 614 (4th Cir. 1964).

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Opinion

PER CURIAM.

After consideration of the record, the briefs and arguments of counsel we are not persuaded either that the factual findings of the District Court are clearly erroneous or that its conclusions of law thereon are unsound. The mutual obliga[615]*615tions of General Excavating Company and John J. Driscoll Company, Inc., appellants and cross-appellants, respectively rested in part upon a formal written agreement and in part upon supplementing parol understandings between them. However, the transactions were so loosely knit and conducted that they afforded ample opportunity for the entry of ambiguities. Indeed, these measurably increased the never easy task of the trier of fact to ascertain the intent of the contracting parties. The District Judge cautiously undertook this task and, on our review, we cannot say his determinations were not right.

Affirmed.

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PER CURIAM.

After consideration of the record, the briefs and arguments of counsel we are not persuaded either that the factual findings of the District Court are clearly erroneous or that its conclusions of law thereon are unsound. The mutual obliga[615]*615tions of General Excavating Company and John J. Driscoll Company, Inc., appellants and cross-appellants, respectively rested in part upon a formal written agreement and in part upon supplementing parol understandings between them. However, the transactions were so loosely knit and conducted that they afforded ample opportunity for the entry of ambiguities. Indeed, these measurably increased the never easy task of the trier of fact to ascertain the intent of the contracting parties. The District Judge cautiously undertook this task and, on our review, we cannot say his determinations were not right.

Affirmed.

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330 F.2d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-knauer-v-john-j-driscoll-co-ca4-1964.