Kenneth Hutchens and Lyle Hutchens v. The United States

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the United States Claims Court granting the defendant United States’ motion for summary judgment and dismissing the petition. The appellants Kenneth and Lyle Hutchens assert that the United States breached its contract with them by making payment to another party to the contract. We affirm.

I

In November 1976, the appellants, as officers and directors of Hutchens Brothers, Inc. (Hutchens), contracted to sell real property to R.H. Brownsberger for $1,475,-000. Title was to remain in Hutchens until the terms of the purchase agreement,…