# George Hyman Construction Co. v. United States

> United States Court of Claims · October 19, 1977 · 564 F.2d 939

URL: https://www.frixlaw.com/law-library/cases/8596045

## Case

- **Full name:** GEORGE HYMAN CONSTRUCTION COMPANY v. United States
- **Court:** United States Court of Claims
- **Decided:** October 19, 1977
- **Citations:** 564 F.2d 939; 24 Cont. Cas. Fed. 81,802; 215 Ct. Cl. 70; 1977 U.S. Ct. Cl. LEXIS 91
- **Precedential status:** Published
- **Opinion:** Concurrence by Davis
- **Judges:** Davis, Skelton
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8596045

## Opinion text

Davis, Judge,
concurring:
I agree with Judge Skelton’s opinion except that I do not think that the relevant parts of the contract were plain and unambiguous on their face. There was, in my view, a surficial conflict between the two drawings which is properly resolved, as Judge Skelton does very thoroughly, by considering the contract as a whole in all its aspects and parts. The rule that ambiguity works against the drafter is more than neutralized in this instance by the companion canon applicable to a patent and glaring ambiguity or discrepancy. On the whole case the plaintiff cannot prevail.
*83 The illustration referred to on pages 72 et seq. is on the following pages 84 and 85.
*84
*85

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8596045. Public record. Not legal advice.