Lipshitz & Cohen v. United States

Plaintiffs in error seek to recover profits, which, it is alleged, would have been realized if the United States had complied with their agreement to deliver approximately 1,530,600 pounds of obsolete material. The cause was heard by the District Judge without a jury. He found the facts and upon them held that the contract had not been broken.

An agent of the United States put out a schedule which stated that certain obsolete material, classed ,as cast iron, cast and forged steel, armor steel, brass, bronze ,and lead, was held for sale at six specified forts. It set out the weights of each…