· 8/14/1956
Striplin v. Kitts
Citations
- 38 Ala. App. 556
- 89 So. 2d 225
- 1956 Ala. App. LEXIS 245
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it would “follow[ ] Tree Farm” in “declin[ing] to extend HeyeF’ beyond the procurement context to a loan guarantee application
- holding that a regulation did -not constitute an offer inviting acceptance by performance because further action from the agency was necessary before the private party was entitled to the benefits provided in the regulation
- observing that although federal regulations which govern Farm Services Agency applications “cast [such applications] in more mandatory terms” they nonetheless “lack definiteness and a manifestation of the Government’s intent to enter into a contract upon receipt of an application”
- declining to extend Heyer to the plaintiffs loan guarantee application, and thus finding no implied-in-fact contract
- no contract formed “because the statute and the regulations cannot be characterized fairly as an offer”
- plaintiff cannot avoid Testan’s requirements “simply by characterizing the applicable statute or regulation as creating an implied contract”
Source: CourtListener parenthetical corpus (CC0).
Judges: Harwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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