General Builders Supply Co., Inc., on Behalf of Itself and for the Benefit of Hupp, Inc. v. The United States

ON PLAINTIFF’S MOTION AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge.

General Builders Supply Co., Inc., the plaintiff, made a contract in 1964 with the General Services Administration to furnish 7,859 refrigerators, for use in Germany, at $119 each. General Builders then subcontracted to purchase these articles from the Gibson Refrigerator Division of the Hupp Corporation, at $116. Hupp built pre-production models and submitted them for inspection to the Government, which rejected them three times. The contract was then terminated for default on the ground that the…