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UNITED STATES of America for the Use of Fred C. KNAUER and Thomas A. Lillis, t/a General Excavating Company, Appellees and Cross-Appellants, v. JOHN J. DRISCOLL COMPANY, Inc., and Seaboard Surety Company, Appellants and Cross-Appellees

United States Court of Appeals for the Fourth Circuit1964-04-20No. No. 9300
330 F.2d 614

Authorities cited

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Opinion

majority 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 tions 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.