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 .