CHINA LIQUOR DISTRIBUTING CO. ET AL.

v.

UNITED STATES

Citator

Cited By (29 total)

• J. D. Hedin Constr. Co., Inc. v. The United States, 347 F.2d 235 (Ct. Cl. 1965)
  …l. 551 (1940). This rule rests on the presumed expertise of the government where it sees fit to prescribe detailed specifications. National Presto Industries, Inc. v. United States, Ct.Cl., 338 F. 2d 99, 105, decided October 16, 1964, cert. denied 380 U.S. 962, 85 S.Ct. 1105, 14 L.Ed.2d 153 (1965). “This implied warranty is not overcome by the general clauses requiring the contractor to examine the site, to check up the plans, and to assume responsibility for the work until completion and acceptance.” Uni…
• United States v. Wegematic Corp., 360 F.2d 674 (2d Cir. 1966)
  …ssly agreed to liquidated damages for delay and authorized the purchaser to resort to other sources in the event of non-delivery. Contrast National Presto Industries, Inc. v. United States, 338 F. 2d 99, 106-112, 167 Ct.Cl. 749 (1964), cert. denied, 380 U.S. 962 (1965). If a manufacturer wishes to be relieved of the risk that what looks good on paper may not prove so good in hardware, the appropriate exculpatory language is well known and often used. Beyond this the evidence of true impracticability was…
• Natus Corp. v. The United States, 371 F.2d 450 (Ct. Cl. 1967)
  …to the type of superior knowledge upon which the Helene Curtis doctrine rests. Similarly, we find inapposite the “mutual mistake” doctrine set forth in National Presto Indus., Inc. v. United States, 338 F. 2d 99, 167 Ct.Cl. 749 (1964) cert. denied, 380 U.S. 962, 85 S.Ct. 1105, 14 L.Ed.2d 153 (1965), relied upon by our commissioner and now advanced as an alternative theory by plaintiff. The linchpin of our decision in that case is to be found in the Government’s active participation in the precontract nego…

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