United States Bedding Co. v. United States, 266 U.S. 491 (1925)

United States Bedding Company v. United States

No. 143

Argued December 11, 1924
Decided January 5, 1925
266 U.S. 491

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Plaintiff, alleging that it had retained possession of its goods because of a circular of the War Industries Board requisitioning all such goods for the government, followed by abortive negotiations as to price and by incipient proceedings to "commandeer" which were abandoned because of the Armistice, and that it had sold them thereafter for less than their previous market value, sued in the Court of Claims for the difference.

Held that the suit could not be maintained:

(a) Under the Dent Act, since the agreement, if any, had not been "performed in whole or in part," nor had "expenditures been made or obligations incurred upon the faith of the same," (P. 493,)

(b) Nor as upon an express contract under the Tucker Act, because the transaction was wholly executory, and was not "reduced to writing and signed by the contracting parties with their names at the end thereof," as required by Rev.Stats. § 3744. (Id.)

(c) Nor as upon an implied contract under the Tucker Act, because the only authority to requisition the goods was § 10 of the Lever Act, and proceedings under that section are not based on contract, and must be brought in the district court. Id.

58 Ct.Clms. 341 affirmed.

Appeal from a judgment of the Court of Claims dismissing the petition upon demurrer for failure to state a cause of action.