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HOROWITZ v. UNITED STATES

No. 74.

267 U.S. 458 (1925)

45 S.Ct. 344

69 L.Ed. 736

HOROWITZ v. UNITED STATES.

Supreme Court of United States.

Decided March 9, 1925.

Attorney(s) appearing for the Case

Mr. Raymond M. Hudson for appellant.

Mr. M.E. Otis, Special Assistant to the Attorney General, for the United States. Solicitor General Beck, Assistant Attorney General Ottinger, and Mr. Wm. M. Offley, Special Assistant to the Attorney General, were on the brief.

MR. JUSTICE SANFORD delivered the opinion of the Court.

This action was brought by Horowitz, under the Tucker Act,1 to recover damages for the alleged breach of a contract relating to the purchase of silk from the Ordnance Department. The petition was dismissed, on demurrer, for failure to state a cause of action. 58 Ct. Cls. 189.

The petition alleges, in substance, these facts: On December 20, 1919, the claimant, a resident of...

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