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THE FIRESTONE TIRE & RUBBER COMPANY V. THE UNITED STATES

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Opinion
196 Ct. Cl. 807 · United States Court of Claims · Aug 6, 1971
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THE FIRESTONE TIRE & RUBBER COMPANY V. THE UNITED STATES
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Parentheticals
stating that “the language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person”
ruling that intention of contracting parties controls contract’s interpretation
stating that “the intention of the parties to a contract control its interpretations”
meaning determined from the perspective of “a reasonably intelligent person acquainted with the contemporary circumstances"
the court must place itself "into the shoes of a `reasonable and prudent' construction contractor"
the court must place itself “into the shoes of a ‘reasonable and prudent’ construction contractor”
regulation prescribing price escalation term in government contracts does not supplant price escalation contract term
“[T]he language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person acquainted with the contemporary circumstances.”
"The unexpressed, subjective unilateral intent of one party is insufficient to bind the other contracting party ....”
“the language of a contract must be afforded the meaning derived from the contract by a reasonably intelligent person acquainted with the contemporary circumstances”