Saalfield v. United States
246 U.S. 610 (1918)

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U.S. Supreme Court

Saalfield v. United States, 246 U.S. 610 (1918)

Saalfield v. United States

No. 101

Argued March 27, 1918

Decided April 22, 1918

246 U.S. 610

Syllabus

Where a contract for the manufacture of guns for the United States provided for a preliminary test subject to the decision of the Chief of Ordnance and the Secretary of War, those officials were to decide, not arbitrarily, but candidly and reasonably, whether the test had been satisfied.

The findings of fact justify the conclusion that the test gun did not meet the contract requirement; the report of the Chief of Ordnance, viewed as a whole in the light of the circumstances, is consistent with this conclusion; there is no ground for the charge that the Chief of Ordnance and the Secretary of War, in annulling the contract, acted in bad faith or under gross mistake, or for holding that the government, by delay injurious to the contractor, waived the right to annul.

51 Ct.Clms. 22 affirmed.

Page 246 U. S. 611

The case is stated in the opinion.

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