United States v. Withers
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment of the Circuit Court, Southern District of New York, in favor of the defendants in error (who were defendants below), entered upon a verdict in their favor which was directed by the court.
1Opinion of the Court
EACOMBE, Circuit Judge.
The defendant Withers made a bid offering to enter into a contract to furnish certain stationery sup*697plies for the Post-Office Department at prices named in the said bid. The only item as to which testimony was taken is “7,500 doz. scratch blocks or pads at 151/2 cents.” Withers and his codefendants, Morse and St. John, guarantied that if his bid were accepted he would within 10 days enter into and duly execute a contract to furnish such supplies at the prices named, and that, in case of failure to enter into such contract, the bidder and his guarantors would forfeit and…
2Cases cited3 opinions
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Upton v. BernsteinNew York Supreme Court · 1894
- Brantingham v. FayNew York Supreme Court · 1800
3Cited by4 opinions
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Industrial Development Board v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Janet Schaeper, a Minor, by and Through Her Father, Next Friend and Natural Guardian, Robert Schaeper v. Harold M. EdwardsCourt of Appeals for the Sixth Circuit · 1962
- Jackson v. Delaware River Amusement Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904