Reading Steel Casting Co. v. United States, 268 U.S. 186 (1925)

Reading Steel Casting Company v. United States

No. 233

Argued January 26, 1925
Decided April 27, 1925
268 U.S. 186

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF PENNSYLVANIA,

TRANSFERRED FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Upon review of a judgment of the district court in an action on a claim against the United States (Jud.Code § 24, par. 20), facts admitted and concessions made by the parties may be considered with the lower court’s findings of fact. P. 188.

2. A contract between a private party and the United States for sale of goods by the one to the other is to be construed, and the rights of the parties under it determined, by the same principles as if it were between individuals. Id.

3. Casting’s, defective because of checks were delivered to the government under a contract allowing the vendor to remedy such defects after their extent should be revealed by machining, the burden of which was assumed by the government. The machining was not done. Held that the government’s failure to inspect the castings and give notice of rejection within a reasonable time amounted to an acceptance. P. 187.

Reversed.

Error to a judgment of the district court in favor of the United States in an action on contract. The case went to the circuit court of appeals, and was transferred. 293 F. 386.