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· 3/18/1918

Wells v. Roper

Citations

  • 246 U.S. 335
  • 38 S. Ct. 317
  • 62 L. Ed. 755
  • 1918 U.S. LEXIS 1553

Syllabus

<p>The First Assistant Postmaster General, in accordance with a decision of the Postmaster General, undertook to terminate an existing contract for automobile mail service at Washington, D. C., to make place for a similar service to be conducted by the Department under a special appropriation, his action being based upon the supposed authority of the contract itself and being purely official, discretionary, and within the scope of his duties. Held, that a suit to restrain. him from annulling the contract and from interfering with its further performance was in effect a suit against the United States, and was therefore properly dismissed.</p>

How courts have described this case

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

  • decision by Postmaster General and his deputy to cancel contract “was executive in character, not ministerial, and required an exercise of official discretion”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pitney

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.