Webco Lumber, Inc. v. United States

Once again, we must determine whether the estimates in a government timber-cutting contract of the amounts of recoverable timber constituted a warranty, for the breach of which the contractor may recover where the timber actually removed was substantially less than the estimated amount. The plaintiff seeks damages apparently reflecting the difference between the value of the estimated timber and the timber it removed. The defendant has moved for summary judgment. We hold that the plaintiff is not entitled to recover. We therefore grant the motion and dismiss the petition.

I

A. In 1976, the…