United States Supreme Court Cases & Opinions

U.S. Supreme Court

Erie Coal & Coke Corp. v. United States, 266 U.S. 518 (1925)

Erie Coal & Coke Corporation v. United States

No. 78

Argued October 15, 16, 1924

Decided January 5, 1925

266 U.S. 518

Syllabus

1. Where, by the terms and conditions set forth in the advertisement of a public sale of public property, acceptance of a bid will not be final until execution of a contract between the bidder and the United States reserving to the government the right to rescind the sale within a time specified, the government may exercise the option by refusing to make such contract with the bidder to whom the property has been knocked down, and such refusal gives the bidder no cause of action against the United States. P. 266 U. S. 520.

2. Rev.Stats., § 3744, requiring contracts to be reduced to writing and signed by the contracting parties with their names at the end thereof, applies to public sales of surplus supplies by the Secretary of War under the Act of July 11, 1919, 41 Stat. 105. P. 266 U. S. 521.

58 Ct. Clms. 261 affirmed.

Appeal from a judgment of the Court of Claims sustaining demurrer and dismissing the petition.

Page 266 U. S. 519