Swiff-Train Company v. United States

TUTTLE, Circuit Judge:

The United States appeals from a judgment rendered against it in favor of Swiff-Train Company which brought the action under the Tucker Act alleging it was a third party beneficiary of a contract entered into between the Fort Sam Houston Guest House Fund and Midwest Carpet Distributors. It is clear that Swiff-Train furnished carpeting to the guest house and that payment was made contrary to the agreement between Midwest and the Fund.

The facts as stated in the government’s brief, the statement of which is accepted by the appellee, are as follows:

“The Guest House Fund at…