George Epcar Company v. United States

HILL, Circuit Judge.

Appellant Epcar Company brought this suit under the Tucker Act, 28 U.S.C. § 1346(a) (2), seeking a determination that no contract existed between it and the United States and that, therefore, the government should be required to return a $5,000.00 deposit it had declared forfeited because Epcar was guilty of breach of contract. The government counterclaimed, contending there was a valid contract between it and Epcar, that Epcar had breached the contract, that it was entitled to retain the $5,000.00 as partial liquidated damages, and that it was entitled to judgment against…