East Tennessee Iron & Metal Co. v. United States

ROBERT L. TAYLOR, Chief Judge.

This is a suit against the United States to recover $10,000.00 damages for breach of contract in refusing to deliver sixty tons of rutile ore which plaintiff allegedly purchased at a public sale of surplus property by the Government. This Court has jurisdiction of a claim against the United States not exceeding $10,000.00 in amount. (28 U.S.C. Sec. 1346(a) (2)).

The Government defended on the grounds (1) that the ore in question had not been declared to be surplus property and was, therefore, not subject to be sold at public sale and (2) that the plaintiff failed…