Buhl Optical Co.

Court of Claims

Buhl Optical Co.

153 Ct. Cl. 695, 1961 U.S. Ct. Cl. LEXIS 99, 1961 WL 1554

CourtUnited States Court of Claims

DecidedMay 12, 1961

DocketNo. 14-58

StatusPublished

This text of 153 Ct. Cl. 695 (Buhl Optical Co.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buhl Optical Co., 153 Ct. Cl. 695, 1961 U.S. Ct. Cl. LEXIS 99, 1961 WL 1554 (cc 1961).

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Opinion

Contract; bids; bidder’s rights; negotiations broken off by Government. — Plaintiff sues to recover expenses incurred in preparing its proposal and for loss of anticipated profits on the ground that the Air Force, in ending negotiations without accepting its bid, acted arbitrarily and breached its implied contract to award the contract to the lowest responsible bidder. Defendant contended that it was entitled to break off negotiations at any time before an acceptable offer is submitted. The case came before the court on the parties’ cross-motions for summary judgment and, upon con[696]*696sideration thereof, together with oral argument by counsel, and on the basis of the decision in United States v. McShain (D.C. Cir.), 258 F. 2d 422, cert. denied 358 U.S. 832 (1958), the court, on May 12, 1961, denied plaintiff’s motion, granted defendant’s like motion, and dismissed the petition.

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Contract; bids; bidder’s rights; negotiations broken off by Government. — Plaintiff sues to recover expenses incurred in preparing its proposal and for loss of anticipated profits on the ground that the Air Force, in ending negotiations without accepting its bid, acted arbitrarily and breached its implied contract to award the contract to the lowest responsible bidder. Defendant contended that it was entitled to break off negotiations at any time before an acceptable offer is submitted. The case came before the court on the parties’ cross-motions for summary judgment and, upon con[696]*696sideration thereof, together with oral argument by counsel, and on the basis of the decision in United States v. McShain (D.C. Cir.), 258 F. 2d 422, cert. denied 358 U.S. 832 (1958), the court, on May 12, 1961, denied plaintiff’s motion, granted defendant’s like motion, and dismissed the petition.

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Bluebook (online)

153 Ct. Cl. 695, 1961 U.S. Ct. Cl. LEXIS 99, 1961 WL 1554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buhl-optical-co-cc-1961.

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