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· 5/29/1953

United States v. Larney

Citations

  • 2 C.M.A. 563
  • 2 USCMA 563
  • 10 C.M.R. 61
  • 1953 CMA LEXIS 833
  • 1953 WL 1774

How courts have described this case

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

  • holding that the legal effect of a legally relevant fact is not the proper subject of a stipulation
  • granting summary judgment to a plaintiff largely because of an implied waiver of a contract specification by the government
  • “[T]he requirement cannot be suddenly revived to the prejudice of a party who has changed his position in reliance on the supposed suspension.”
  • government had waived requirement as to the configuration of dishwashing machines where it had not enforced the provision in thirty-six previous contracts with the same party
  • “The waiver of a contract provision requires a responsible officer assigned the function of overseeing the essentials of contract performance____Such a waiver by one with such authority will estop the Government.”
  • waiver requires party to \reasonably believe[] the requirement to be dead\

Source: CourtListener parenthetical corpus (CC0).

Judges: Brosman, Latimer, Quinn

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.