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· 4/6/1960

Shader Contractors, Inc. And Citizens National Bank of Orlando, Assignee v. United States

Citations

  • 276 F.2d 1
  • 149 Ct. Cl. 535
  • 1960 U.S. Ct. Cl. LEXIS 186

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the buyer in a requirements contract “implicitly promises that he will obtain his required goods or services from the [supplier] exclusively”
  • stating that while estimates are not guarantees or warranties of quantity, they are “figures which the bidders might reasonably employ so as to make realistic quotations”
  • rejecting the argument that the contract bound the government to order the estimated quantity of services: “The figures given as estimates were that and nothing more. They were not guarantees or warranties of quantity ....”
  • “we must assume that any ... risk of loss was considered by the parties, and that the accepted contract price bid reflected a satisfactory resolution of the risk”
  • “Ordinarily, where the quantity ordered is considerably more or considerably less than that anticipated from a reading of the contract terms, the courts will protect the aggrieved party from unfair usage by applying a test of good faith to the other party’s actions.”
  • maximum and minimum estimates of the buyers requirements

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Madden

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.