Alexander

At the immediate conclusion of the trial, the Court announced its decision for defendant. The present Memorandum arises upon a motion for new trial which has been urged with great emphasis and invites elaboration upon the fallibility of the Government’s position.

Defendant placed a bid pursuant to War Department Invitation for a bid of surplus property. The Invitation contained a specification, “Wheels, GP 1015, 16" drop center.” Defendant insists, and no one has testified to the contrary, that the common understanding of that description is that it applies to jeep wheels. The Invitation to bid, which became a part of the executed contract between the Government and Mr. Alexander, contains the following:

Plaintiff asserts that “Upon the acceptance of the bid, the right vested in the Government to have performance in accordanee with the terms of the contract and such right cannot be given away or surrendered by any officer of the Government. Simpson v. United States, 172 U.S. 372 , 19 S.Ct. 222 , 43 L.Ed. 482 ; United States v. American Sales Corporation, 5 Cir., 27 F.2d 389 , affirmed, 5 Cir., 32 F.2d 141 , * * There was a definite invitation to come to the' premises where the…