v2915-124

2

STATEMENT OF FACTS

Appellee United States of America brought this

action below to recover from appellant damages for the

breach of a contract to purchase and remove certain

Public Housing Authority "surplus" dwellings. Two

separate sales were included in the action, however,

because the contractual relationships were identical;

no further attention need be given this fact.

Appellant submitted the highest bid for four

dwelling units and was awarded the "contract." This

"contract" is the summation of the relationship be-

tween the parties as contained in the following docu-

ments :

Invitation to Bid (R-27).

General Conditions (R.-30) incorporated in the

invitation to bid by reference.

Offer and Acceptance of offer (R-25).

Statement and Certificate of Award (R-22).

It is not disputed that the contractual relationship

was entered into; therefore, the arguments of the

parties, in this court, will primarily be directed to the

provisions of the "General Conditions".

Upon appellant's failure to pay the purchase price

and remove the dwellings, appellee reoffered the

dwellings, receiving offers to purchase in lesser

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archive.org Volume Name: govuscourtsca9briefs2915

Volume: http://archive.org/stream/govuscourtsca9briefs2915

Document Link: http://archive.org/stream/govuscourtsca9briefs2915#page/n123/mode/1up

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