United States v. Metro Novelty Manufacturing Co.

WALSH, District Judge.

Cross motions are presented for summary judgment. Plaintiff seeks to recover $12,000 damages from defendant for its failure to carry out a $6,000 bid for uniform ornaments. Defendant claims a mistake in the computation of the bid. Plaintiff admits that the error was so gross that it was placed on notice. It further admits that the only consequence of defendant’s failure to perform was the acceptance of the second lowest bid and that there was no damage to the government from the delay in execution which resulted from defendant’s participation in the bidding.

Plaintiff’s…