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Foley v. United States, 260 U.S. 667 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Foley v. United States, 260 U.S. 667 (1923)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 260 U.S. 662, click here.
Foley v. United States No. 203 Argued January 12, 1923 Decided January 29, 1923 260 U.S. 667
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. G wrote to the Navy Department, with respect to his invention for drying materials, that, in consideration of the Department’s building a testing apparatus at its own expense, he gave it the option of using the method, if it found it to its advantage, by paying so much for each pound of material so dried. The Department accepted the proposition, saying that it had ordered an experimental apparatus on G’s plan, which would be tested and, if it worked satisfactorily to the Bureau of Ordnance, would pay him as proposed. After the test, the Bureau notified G that the test proved unsatisfactory and was abandoned.
Held:
(a) Not a contract that the Department would use the method, but an option, or at most a conditional obligation subject to be terminated by the Department when the test proved unsatisfactory P. 675.
(b) By remaining silent and inactive for five years after receiving notice from the bureau that the relations between them were terminated, G acquiesced. P. 675.
2. Patents 763,387 and 763,388, issued to Gathmann, for a method of drying materials with the aid of a "vaporous atmosphere" were either anticipated or not infringed by the "closed-circuit method" used by the government in this case for drying smokeless powder. P. 676.
56 Ct.Clms. 303 affirmed.
Appeal from a judgment of the Court of Claims.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Foley v. United States, 260 U.S. 667 (1923) in 260 U.S. 667 260 U.S. 668. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=F5J6S2HHB91T3HL.
MLA: U.S. Supreme Court. "Syllabus." Foley v. United States, 260 U.S. 667 (1923), in 260 U.S. 667, page 260 U.S. 668. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F5J6S2HHB91T3HL.
Harvard: U.S. Supreme Court, 'Syllabus' in Foley v. United States, 260 U.S. 667 (1923). cited in 1923, 260 U.S. 667, pp.260 U.S. 668. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=F5J6S2HHB91T3HL.
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