Forest Environmental Services Co. v. United States

OPINION

TIDWELL, Judge:

This case, filed pursuant to 28 U.S.C. § 1491, arises out of a timber sale contract between plaintiff, Forest Environmental Services Company (“FESCO”), and defendant, the United States acting through the United States Forest Service. On June 30, 1980 plaintiff filed with our predecessor court a petition seeking recovery of a bid deposit of $24,500 retained by defendant as a result of plaintiff’s breach of contract. Plaintiff admits to having breached the contract, but contends that defendant may not retain the bid deposit since it suffered no “actual” damages.1 Defendant…