American Sanitary Rag Co. v. United States

LITTLETON, Judge.

Plaintiff seeks to recover a portion of the contract price paid defendant for surplus sun helmets purchased under an “as is, where is” form of contract on the ground that one third of the sun helmets were not as described in the invitation for bids. Defendant has moved for summary judgment relying on the petition and the contract, composed of the invitation, bid and acceptance, which are attached as an exhibit to defendant’s motion.

In response to an invitation for bids issued by the Naval Supply Center, Disposal Division, Department of the Navy, Oakland, California, plaintiff…