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MOTTRAM V. UNITED STATES, 271 U. S. 15 (1926)

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U.S. Supreme Court

Mottram v. United States, 271 U.S. 15 (1926)

Mottram v. United States

No. 142

Argued January 15, 1926

Decided April 12, 1926

271 U.S. 15

Syllabus

Where a lot of goods, among surplus military supplies auctioned by the United States, was grossly overstated as to quantity in the list of things advertised for sale, and the auctioneer, in ignorance of the mistake, accepted a bid for the listed quantity, but informed the bidder that he could not guarantee it, and the sales, according to the catalogue, were subject to errors of description and without warranty, and the bidder had previously inspected the goods and could have ascertained their true amount, held that he had no cause of action against the United States for failure to deliver the quantity bid for.

59 Ct.Cls. 302 affirmed.

Appeal from a judgment of the Court of Claims dismissing appellant's petition.


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