· 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 CourtListenerSourced 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.