Anglo-American and Overseas Corporation v. United States

Anglo-American and Overseas Corp., appellant, contracted to sell tomato paste to the United States, which required as a condition precedent to its acceptance of the paste that it satisfy the standards of the Food and Drug Administration. The paste was imported; and the Food and Drug Administration, after sampling it, issued “release notices” that notified Customs officers that the tomato paste could enter the country. Anglo-American then accepted delivery. When it in turn delivered the paste to the government, federal officials once again inspected the paste, found that it did not satisfy the…