Schwarzenberg v. United States

*902MEMORANDUM BT THE COURT

One proposition, without consideration of any others, is determinative of this case. The authority of the law was to sell certain classes of materials, and it went no further. If *903tbe materials contracted to be sold were in fact nonexistent, there could be as to them no contract of sale.- There was no authority to contract the delivery of materials which the Government did not have.

The plaintiff has failed to prove the existence of the materials, except upon paper in the form of items upon inventories, and upon the whole record the court has concluded that they were…