79 U.S. (12 Wall.) 443, 20 L. Ed. 438 (1870)
On the 13th of February, 1866, Henry T. Noble, assistant quartermaster in the volunteer military service of the United States, entered into a contract with the appellant, Scott.1 The quartermaster agreed to furnish all the transportation the United States may require from Little Rock, Arkansas, to Fort Smith, Arkansas, and to and from all points between Little Rock, Arkansas, and Fort Smith, Arkansas, when the same is to be furnished by river.2 Scott accepted the terms of this agreement for river transportation services.
Transportation was called for by the United States between Little Rock and Fort Smith. Scott furnished the service and it was duly paid for by the government. Upon that subject there is no controversy between the parties.3 The United States also shipped troops and stores from St. Louis to Fort Smith and Fort Gibson.4
The vessels on their way touched at Little Rock but did not discharge there.5 While they were at Little Rock, Scott, in a written communication to the quartermaster, claimed the right under his contract to transport the troops and stores in question from that point to Fort Smith. Scott had boats ready to perform that service. None of the lading was delivered to him.6
Had he transported it, the freight according to his contract would have amounted to $17,605.66. Scott brought his claim before the Court of Claims. The Court of Claims held that the transportation thus claimed was not within the contract and dismissed his petition. Scott appealed from that judgment to the Supreme Court.7
Whether the contract for river transportation between Little Rock and Fort Smith required the United States to deliver troops and stores originating from St. Louis to Scott for carriage from Little Rock onward, when the vessels touched at Little Rock without discharging any cargo there?8
In cases like this it is the duty of the court to assume the standpoint occupied by the parties when the contract was made. The court must let in the light of the surrounding circumstances to see as the parties saw and to think as they must have thought in assenting to the stipulations by which they are bound. The contract was for transportation between Little Rock and Fort Smith.9 Transportation from St. Louis to those places necessarily involved transportation by Little Rock and thence over a common river route to the higher points of destination, but the voyages were wholly distinct and independent of each other.10
No. On the 13th of February, 1866, Henry T. Noble entered into a contract with Scott for river transportation from Little Rock, Arkansas, to Fort Smith, Arkansas, and points between when furnished by river.11
Transportation was called for by the United States between Little Rock and Fort Smith, furnished by Scott, and duly paid for by the government without controversy between the parties.12
The United States also shipped troops and stores from St. Louis to Fort Smith and Fort Gibson. The vessels touched at Little Rock but did not discharge there. While at Little Rock, Scott claimed the right under his contract to transport the troops and stores from that point to Fort Smith and had boats ready to perform the service, but none of the lading was delivered to him.13
Had he transported it, the freight would have amounted to $17,605.66. The Court of Claims held that the transportation was not within the contract and dismissed his petition, from which Scott appealed to the Supreme Court.14
The contract terms limit the obligation to transportation between Little Rock and Fort Smith.15 The shipments from St. Louis constituted distinct voyages that merely touched at Little Rock without breaking bulk.16 The greater includes the less but that does not make them identical, and there is nothing which requires disintegrating the voyage to give Scott one part more than another.17 Such an interpretation would subject the United States to unreasonable delay, inconvenience, and expense.18
The contract did not require the United States to deliver the troops and stores originating from St. Louis to Scott for carriage from Little Rock to Fort Smith.19