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BEER v. UNITED STATES

No. 48588.

100 F.Supp. 808 (1951)

BEER et al. v. UNITED STATES.

United States Court of Claims.

November 6, 1951.

Attorney(s) appearing for the Case

Ben F. Foster, San Antonio, Tex., for plaintiffs.

Paris T. Houston, Washington, D. C., Newell A. Clapp, Acting Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

The two questions presented in this case are (1) did defendant's warranty in its written statement to bidders that the 900 generators offered for sale were "new and in good condition," reasonably justify the purchaser of such generators in believing that the generators were in operating condition; and (2) the market value of generators as warranted, and the market value thereof in their actual condition...

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