Wells v. Roper, 246 U.S. 335 (1918)

Wells v. Roper

No. 103

Argued January 2, 1918
Decided March 18, 1918
246 U.S. 335

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The First Assistant Postmaster General, in accordance with a decision of the Postmaster General, undertook to terminate an existing contract for automobile mail service at Washington, D.C., to make place for a similar service to be conducted by the Department under a special appropriation, his action being based upon the supposed authority of the contract itself and being purely official, discretionary, and within the scope of his duties. Held that a suit to restrain him from annulling the contract and from interfering with its further performance was in effect a suit against the United States, and was therefore properly dismissed.

44 App.D.C. 276 affirmed.

The case is stated in the opinion.