BANNER MFG. CO. v. UNITED STATES

No. 50072.

112 F.Supp. 365 (1953)

BANNER MFG. CO., Inc., v. UNITED STATES.

United States Court of Claims.

June 2, 1953.


Attorney(s) appearing for the Case

Norman Coplan, New York City, for plaintiff. Bernstein, Weiss, Tomson, Hammer & Parter, New York City, were on the brief.

Benton C. Tolley, Jr., Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Carl Eardley, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


JONES, Chief Judge.

This is a claim for damages arising from an alleged breach of contract by defendant through failure to pack properly and load for shipment 200,000 gallons of oil purchased by plaintiff from the Treasury Department, then acting as a surplus property disposal agency. The relevant facts as asserted in the petition may be summarized as follows:

In April 1945 plaintiff purchased 200,000 gallons of oil from defendant for the price of $54,000...

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