William Burnham Woods

“ The construction we have put upon the contract does no violence to its language. The provision that the oats required for the wants of the station, over and above the quantity specifically mentioned in the contract, were to be delivered in such quantities and at such times as the receiving officer might require, may well be construed to leave with that officer a discretion to call for the additional oats or not, as in his judgment they were or were not necessary for the wants of the station; and if he required none the appellant was bound to deliver and the United States to receive none. ”

“ It is a fundamental rule that in the construction of contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. ”

“ Silsbee, 21 How. 146; Shore v. Wilson, 9 Clark & F. *353, *555; McDonald v. Longbottom, 1 El. & El. 987; Munford v. Gething, 29 Law J. C. P. 110; Carr v. Mantefiore, 5 B. & S. 408; Brawley v. U.S. 96 U.S. 168. ”