
    BRAWLEY’S CASE.
    (11 C. Cls. R., 522; 96 U. S. R., 168.)
    Daniel F. Brawley, for the use, &c., appellant, v. The United States, appellees.
    
      On the claimant’s Appeal.
    
    
      A contract founded on advertisement and proposals is awarded to the claimant in May. On the 14i7i June the formal written contract is executed. By its terms it is to go into operation on the 1st July. Before the 1 si July the contractor chops and partially delivers 880 cords of wood. While he is so doing the post commander- at the place of delivery notifies him that only 40 cords will he required. The terms of the contract are “880 cords of wood, more or less, as sliall "be determined to be necessary by the post commander for the regular supply of the troops of the garrison of said post for fiscal year.” The defendants accept and pay for 40 cords. The contractor brings suit for his damages as to the remainder.
    
    The court below lays down the true rule for the interpretation of the words “more or less ” in contracts, and holds that in this case the Words are not to be restricted to a slight variation from the quantity named, but that the post commander was to fix the quantity, the quantity named being operative only if no other quantity was fixed. Judgment for the defendants. The claimant appeals.
    The judgment of the court below is affirmed, the Supreme Court adopting with verbal modification the rule laid down by the Court of Claims.
   Mr. Justice Bradley

delivered the opinion of the Supreme Court, January 7, 1878.  