AMERICAN ELASTICS v. UNITED STATES

No. 83, Docket 21799.

187 F.2d 109 (1951)

AMERICAN ELASTICS, Inc., v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided February 20, 1951.


Attorney(s) appearing for the Case

Gordon, Brady, Caffrey & Keller, New York City, for appellant; Leo Brady, Leroy C. Curtis, New York City, of counsel.

Irving H. Saypol, U. S. Atty., New York City, for appellee; Harold J. Raby, Asst. U. S. Atty., New York City, of counsel.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff, a New York corporation doing business in New York City, sued the United States to recover the price it had paid for some war surplus webbing material purchased from the defendant under a written contract, dated December 5, 1944, which will be called the Chicago contract. It sought to have this contract rescinded because of a mutual mistake of the parties in believing that the material was as represented when in fact it was not...

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