Convery v. United States

Plaintiff brought this suit to recover damages for breach of contract arising from the Government’s refusal to deliver surplus property it had contracted to sell to the plaintiff. The property was a computer output device which was withdrawn by the owning agency from surplus sale after plaintiffs bid had been accepted and the purchase price paid, but before plaintiff had moved the equipment from Government control.

The parties’ cross-motions for summary judgment present the following questions for decision:

1. Whether by reason of the nonappropriated funds doctrine, the court lacks jurisdiction…