Banner Manufacturing Co. v. United States

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, f. o. b. Memphis, A. S. F. Depot, Memphis, Tennessee. Pursuant to the contract the defendant packed and loaded the oil for transportation by rail to the…