United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Milliken Imprinting Co., 202 U.S. 168 (1906)

United States v. Milliken Imprinting Company

No. 227

Argued April 16, 17, 1906

Decided April 30, 1906

202 U.S. 168

Syllabus

A corporation having a contract with the government to imprint revenue stamps received notice as to renewal which, among other thing, stated that no application for such contract would be considered from person not already having one; the corporation applied for and obtained a renewal, and the contract when delivered contained no provision for not giving contract to person not then engaged in imprinting stamps;

Page 202 U. S. 169

during its life, a similar contract was given to such a person, and the corporation sued in the Court of Claim for reformation of its contract on ground that the omission was mutual mistake and also for loss of profits on business diverted to such person. The Court of Claims took jurisdiction and awarded damages. Held by this Court in reversing the judgment on the merits:

While reformation of the contract is not an incident to action at law, and can only be granted in equity, under § 1 of the Act of March 3, 1887, 24 Stat. 505, the Court of Claims has jurisdiction to reform a contract, and of the money claim under the contract as it should have been drawn. On the evidence in this case, there was no mutual mistake justifying the reformation of the contract.

The facts are stated in the opinion.

Page 202 U. S. 171