Opinion

Brown & Son Electric Company v. The United States

  • 325 F.2d 446
  • 163 Ct. Cl. 465
  • 1963 U.S. Ct. Cl. LEXIS 154
Court
United States Court of Claims
Filed
Dec 13, 1963
Status
Published
Author
Whitaker
On the bench
Jones, Whitaker, Laramore, Durfee, Davis
Cited by
30 cases
Authority
More cited than 24.7%

contract cancelled by agency, after Comptroller General upheld protest, held voidable and terminated for convenience because “no plain illegality”

How later courts described this case

  • contract cancelled by agency, after Comptroller General upheld protest, held voidable and terminated for convenience because “no plain illegality”
  • irregularity in bid award

Written by the judges who cited it.

The opinion

WHITAKER, Judge

(concurring in part and dissenting in part):

I concur in that part of the opinion which holds that the contract was validly awarded to plaintiff in the first instance, and later was wrongfully can-celled. I dissent from the holding that the measure of damages is prescribed by the termination-for-convenience-of-the-Government clause, which was not invoked. My reasons are stated in my dissent in Reiner & Co. v. United States, Ct.Cl., 325 F.2d 438 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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