American Elastics, Inc. v. United States
Court of Appeals for the Second Circuit
1Opinion of the Court
CHASE, Circuit Judge.
The plaintiff, a New York corporation doing business in New York City, sued the United States to recover the price it had paid for some war surplus webbing material purchased from the defendant under a written contract, dated December 5, 1944, which will be called the Chicago contract. It sought to have this contract rescinded because of a mutual mistake of the parties in believing that the material was as represented when in fact it was not, or for breach of warranty in the sale of goods by sample and by description. The defendant answered by denying that the material…
2Cases cited15 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
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- Grant v. United StatesSupreme Court of the United States · 1869
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Hooper v. . StoryNew York Court of Appeals · 1898
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3Cited by24 opinions
- Flippin Materials Co. v. United StatesUnited States Court of Claims · 1963
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- Fed. Sec. L. Rep. P 96,397 Lawrence J. Beecher v. Charles R. Able, and Four Other Actions, McDonnell Douglas CorporationCourt of Appeals for the Second Circuit · 1978
- United States v. F. C. HathawayCourt of Appeals for the Ninth Circuit · 1957
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