W. E. HEDGER CO. v. UNITED STATES

No. 393.

52 F.2d 31 (1931)

W. E. HEDGER CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 24, 1931.


Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Arthur H. Longfellow, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Single & Single, of New York City (Horace T. Atkins, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

It is clear that the government's department of sales understood that the Ballenas was equipped with a towing engine and that the petitioner thought so too. But it is equally clear that the petitioner was fully advised that it had no right to rely on the description of the tug showing more than such an understanding which the government had and disclosed in good faith. Great pains were taken to put the petitioner...

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