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HYMAN-MICHAELS CO. v. UNITED STATES

No. 49389.

112 F.Supp. 229 (1953)

HYMAN-MICHAELS CO. v. UNITED STATES.

United States Court of Claims.

June 2, 1953.

Attorney(s) appearing for the Case

Max Siskind, New York City, for plaintiff.

Kendall M. Barnes, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

On September 15, 1947, the Government sold to the plaintiff a quantity of barbed wire estimated at 2100 long tons, at a price of $120 per ton. The wire was located at Shaiba Depot, in Iraq. The written contract of sale contained the following provision:

"The Seller guarantees that permission to export the property has been granted by the Iraqi Government."

The plaintiff paid the Government...

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