United States v. F. C. Hathaway

BARNES, Circuit Judge.

Appellee, F. C. Hathaway, brought this action in the District Court under the Tucker Act 1 to recover $10,000 in damages from the United States for alleged breach of a contract of sale, as modified, and to have the contract reformed by reducing the purchase price by one-half. 2 The United States denied breach; challenged plaintiff’s right to “reformation” and counterclaimed for the unpaid balance due on the contract. The District Court granted plaintiff’s prayer for a fifty percent reduction of the purchase price and entered judgment accordingly. 3 The Government here…