SYLVAN CREST SAND & GRAVEL CO. V. UNITED STATES
150 F.2d 642 (2nd Cir. 1945)
NATURE OF THE CASE: This was a dispute over contracts to deliver trap rock.
FACTS: The United States (D) invited bids on trap rock needed for Mollison Airport.
Sylvan (P) submitted four bids for different size and screenings of the rock and each bid
was accepted by the procurement officer. The four bids were submitted on form documents that
when read as a whole could leave no doubt that the parties had intended a contract to be
formed from acceptance of the bid. However, the contract had an 'as required' clause in it.
D moved to dismiss the action for failure to state a claim or to grant a summary judgment
for D on the ground that no genuine issue exists as to any material fact. Summary judgment
was granted and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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