United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lipshitz & Cohen v. United States, 269 U.S. 90 (1925)

Lipshitz & Cohen v. United States

No. 68

Argued October 21, 1925

Decided November 16, 1925

269 U.S. 90

Syllabus

An agent of the United States listed junk for sale at several forts, the list setting forth the kinds, and weight of each at each location, with a statement, however, that the weights shown were approximate and must be accepted as correct by the bidder. Plaintiffs, without other information or inquiry, bid a lump sum for the material, "as is where is," the purchaser to remove it, and the offer was accepted. The quantities turned out to be much less than those so listed. Held, a contract for the specific lots, without warranty of quantity, and that plaintiffs, standing on the contract, had no cause of action for the profits they would have made on resale if the quantities had been as listed.

Affirmed.

Error to a judgment of the district court in favor of the United States, defendant in an action on a contract.

Page 269 U. S. 91