# Blake Construction Company, Inc. v. United States of America, United States of America v. Aetna Casualty and Surety Company

> Court of Appeals for the D.C. Circuit · August 3, 1961 · 296 F.2d 393

URL: https://www.frixlaw.com/law-library/cases/9448255

## Case

- **Full name:** BLAKE CONSTRUCTION COMPANY, Inc., Appellant v. UNITED STATES of America, Appellee; UNITED STATES of America, Appellant v. AETNA CASUALTY AND SURETY COMPANY, Appellee
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** August 3, 1961
- **Citations:** 296 F.2d 393; 111 U.S. App. D.C. 271; 1961 U.S. App. LEXIS 3779
- **Precedential status:** Published
- **Opinion:** Concurrence by Prettyman
- **Judges:** Miller, Prettyman, Burger
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448255

## Opinion text

PRETTYMAN, Circuit Judge
(concurring).
I concur in the opinion and the decision, but I would include in the remand order an instruction to the District Court to take evidence and make a finding upon the question whether there was in fact at the time of the execution of the formal contract a possibility of loss of profits, If there was no such possibility (a most unlikely state of affairs), there would be no consideration. The evidence one way or the other, I would suppose, would be easy to find and to present, and the finding would be simple to make.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448255. Public record. Not legal advice.