United States v. Purcell Envelope Co.
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The ease is stated in the. opinion. The proposal by its terms contemplated only an agreement to enter into a contract. The contract itself, which was neyer executed on behalf of the Government, contained material matter not found in the proposal and acceptance, and was drawn to be executed by the Postmaster General, or, with his authority, by .his Third Assistant, as required by law (19 Stat. 319, 355); and the bond required to be approved.
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APPEAL FROM THE COURT OF CLAIMS. The ease is stated in the. opinion. The proposal by its terms contemplated only an agreement to enter into a contract. The contract itself, which was neyer executed on behalf of the Government, contained material matter not found in the proposal and acceptance, and was drawn to be executed by the Postmaster General, or, with his authority, by .his Third Assistant, as required by law (19 Stat. 319, 355); and the bond required to be approved. Thus the case is clearly one of those where the agreement at most was upon the preliminaries to- a contract which was…
1Opinion of the CourtJustice McKenna
Action brought jby appellee, the Purcell Envelope. Company, which we shall designate as the Envelope Company, against the United States for damages for breach of an express contract^ The Court of Claims rendered judgment for the Empope Company for the sum of $185,331.76. The United States appeals.
The findings of the court are quite voluminous, but it is only necessary to quote from them to the following effect: The Post Office Department, through the Postmaster General, James A. Gary, invited by advertisement bids “for furnishing stamped envelopes and newspaper wrappers in such quantities as…
2Cases cited5 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- United States v. BehanSupreme Court of the United States · 1884
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- United States v. SpeedSupreme Court of the United States · 1869
- Garfielde v. United StatesSupreme Court of the United States · 1876
3Cited by98 opinions
- Heyer Products Company v. United StatesUnited States Court of Claims · 1956
- Russell Corp. v. United StatesUnited States Court of Claims · 1976
- College Point Boat Corp. v. United StatesSupreme Court of the United States · 1925
- Willard, Sutherland & Co. v. United StatesSupreme Court of the United States · 1923
- Dvorkin v. Township of DoverSupreme Court of New Jersey · 1959
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