Skip to main content
· 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 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.