United States v. Dewart Milk Products Co.

WITHER, District Judge.

This action is brought by the plaintiff to enforce reclamation of amount paid to the defendant for canned milk furnished to the Quartermaster Corps of the United States. The milk was delivered during the latter part of March, 1918, on a contract based on a printed copy of the specifications and conditions for subsistence supplies for the United States Army Quartermaster Corps, Form 120, and upon Form 1470. A portion of the stipulations in Form 120 provides as follows:

“Reclamation will be made in conformity to generally accepted trade rules, unless otherwise specified.…